A/HRC/41/45/Add.1 70. During his visit, the Independent Expert was informed that the lesbian, gay, bisexual, trans and gender diverse community had never claimed marriage equality for same-sex couples. He was told that the proposal had been initiated by conservative political groups that wanted to fuel homophobic sentiment among the public with a view to gaining support when they then called for the preservation of “traditional” families. Currently, no recognized forms of same-sex partnerships exist in Georgia. The Independent Expert notes in that regard the European Commission for Democracy through Law (Venice Commission) draft opinions issued in 2017 on the proposed draft Constitution of Georgia. In those draft opinions, the Venice Commission stated that the Constitutional definition of marriage should “in no case be interpreted as prohibiting same-sex partnerships” and that Georgia, like any other Council of Europe member State, was obliged to comply with standards set by the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and therefore “must provide legal recognition (such as civil unions or registered partnerships for same sex couples)”.33 71. The Independent Expert calls on all relevant actors to reflect on how such unnecessary initiatives fuel negative sentiments and contribute to stigma and stereotypes. He also calls on political leaders to shoulder their responsibility to promote social peace and foster tolerance. 4. Decent work and the right to an adequate standard of living 72. Although the Labour Code has, since 2006, explicitly prohibited discrimination based on sexual orientation, according to all available reports, such discrimination remains common in the workplace. Studies by non-State actors show that discrimination in employment is the most problematic sphere for the community, especially for trans persons. One study found that one person out of four had been denied employment due to their sexual orientation or gender identity and that only 15.3 per cent of lesbian, gay and bisexual persons were open about their sexual orientation at work due to fear of discrimination. 34 Most recently, a study revealed a low level of tolerance towards lesbian, gay, bisexual, trans and gender diverse persons at work, with 70 per cent of those consulted disapproving of people doing business with “homosexuals”.35 73. Many members of the community said that they concealed their sexual orientation or gender identity in order to have decent work. Those whose appearance did not correspond to social expectations, especially effeminate men and trans persons, said they were not hired or, when hired, were ostracized at work, subjected to slurs and mockery or fired if they came out. All lesbian, gay, bisexual, trans and gender diverse persons concurred that the most vulnerable and marginalized population was trans women. Unless they lived a double life, trans women had little chance of finding a formal job. That was compounded by the difficulties they faced in obtaining legal gender recognition, which meant that most trans women had identity documents that did not correspond to their true self. Many, therefore, worked in the informal economy, including as sex workers, and were subject to poor working conditions and remuneration. 74. The Independent Expert regrets the lack of information on homelessness among the community and its root causes, including the possible correlation between domestic violence and homelessness. He notes the absence of State policy and programmes in that regard and the absence of temporary accommodation 36 or shelters tailored to the specific needs of lesbian, gay, bisexual, trans and gender diverse persons. Young persons with diverse sexual orientations or gender identities are often banished from their home when 33 34 35 36 14 Draft opinion 876/2017, CDL-PI(2017)006 of 22 September 2017, para. 38, and opinion 876/2017, CDL-AD(2017)013 of 19 June 2017, para. 63. See Aghdgomelashvili, From Prejudice to Equality (part II) (English version forthcoming). Council of Europe, Hate Crime, Hate Speech, and Discrimination in Georgia. Terminology used in the publication. See LLC Milky Way and Equality Movement, Community Voice against Stigma: Activism for Equality, focus groups with members of the LGBTQ community – important findings and recommendations (Tbilisi, 2018).