A/HRC/44/43/Add.1 private sectors. It is noteworthy that the non-discrimination grounds referred to in the law protect against all forms of discrimination, including discrimination related to sexual orientation and gender identity. 63. According to official figures, during the period 1 September 2017–31 August 2018, a total of 69 per cent of incidents of alleged discrimination were committed in the public sector and 31 per cent in the private sector. The private sector figure represented an increase of 4 per cent over the previous year.11 64. At the time of the visit, the Public Defender’s recommendations concerning a finding on discrimination were not binding on private actors. The Working Group considered this to be a serious limitation to the mandate of the Public Defender, undermining its potential to operate as an effective non-judicial mechanism in businessrelated human rights abuses. 12 Notably, recent legislative amendments have entitled the Public Defender to refer to national courts to enforce the recommendations addressed to both public and private actors.13 The Working Group commends the Government for this positive development. 3. Persons with disabilities 65. The 2014 Law on the Elimination of All Forms of Discrimination prohibits discrimination on several grounds, including disability, in both the public and private sectors. However, civil society and representatives of persons with disabilities informed the Working Group that, in practice, significant challenges remained in integrating and retaining persons with disabilities in the labour market. They face discrimination in all spheres of life, including in accessing educational institutions and other services, which increases their precarious position in the labour market. 66. Among the measures taken by the Government to address these challenges is a system in which the Government provides 50 per cent subsidized salaries for an initial period of six months for persons with disabilities employed in the private sector, with the requirement that the company extend the contract for a minimum of another six months. However, the practice showed a low level of retention at the end of one year. Civil society organizations and persons with disabilities explained that that measure had proved to be insufficient because it was not accompanied by a holistic approach requiring effective measures to address the root causes of exclusion. 67. The Working Group also learned of the weak enforcement of court decisions in dismissal cases involving persons with disabilities. The current legal framework provides for three avenues to remedy established cases of illegal dismissal. The first calls for reinstatement to the same position. When that is not possible, the person should be reinstated to a similar position. Should a similar position not be available, the final avenue is the right to monetary compensation. The practice has shown that in cases of illegal dismissal, by the time the court examines the case, the position left vacant by the dismissed person has typically been filled, and the court has to opt for monetary compensation instead of demanding the reinstatement of the employee. This practice, compounded by stigma and insufficient implementation of the provisions on reasonable accommodation, has a disproportionate negative impact on labour rights of persons with disabilities. The draft law of rights of persons with disabilities submitted to the parliament on 3 February 2020 is aimed at addressing some of the shortcomings in the current regulation and in turn, at strengthening equal access to employment opportunities for persons with disabilities, including through temporary measures. 68. The Working Group encourages the Government to tackle the root causes of discrimination against persons with disabilities, such as stigma related to their ability to 11 12 13 Office of the Public Defender of Georgia, “Special report on the fight against discrimination, its prevention and the situation of equality” (2018), pp. 26–27. Ibid., p. 24. Office of the Public Defender of Georgia, “Input on the role of national human rights institutions in facilitating access to effective remedy for business-related human rights abuses”, June 2019. 13