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National Strategy for the Protection of

Human Rights in Georgia

March 2014
Table of ontents
Strategy Development Process........................................................................4
Current Position...............................................................................................4
The Strategy & Vision......................................................................................
!ims o" the Strategy........................................................................................
#ecessary Changes and Continuity o" the Development Process....................$
To%ards &Institutional Democracy'...................................................................$
! (uman )ights *ased !pproach....................................................................+
Principles ,nsuring (uman )ights...................................................................+
Strategic Paths.................................................................................................-
.echanisms "or .onitoring the Implementation o" the Strategy.................../1
The state shall recognize and protect universally recognized human
rights and freedoms as eternal and supreme human values. While
exercising authority, the people and the state shall be bound by
these rights and freedoms as directly acting law.
#rticle $% onstitution of Georgia
The process o" constructing a "ree and democratic0 ,uropean1style system o"
government "ounded upon the )ule o" 2a%0 3egan in 4eorgia during the time
o" the Democratic )epu3lic 5161-116/17. This %as em3odied through the
Constitution o" 16/1 %hich0 "or the 8rst time0 recogni9ed certain inaliena3le
human rights and "reedoms0 including: e;uality 3e"ore the la%< the a3olition
o" capital punishment< the right to privacy< %omen's su=rage< the "reedoms
o" e>pression and assem3ly< and the rights o" ethnic minorities. !dditionally0
the Constitution ensured other universally recogni9ed rights that %ere not
e>pressly de8ned %ithin the te>t0 3ut could nevertheless 3e derived "rom the
%ide1reaching principles recogni9ed %ithin the constitutional "rame%or?. It is
precisely these principles that the current Constitution 5in e=ect since 1667
continues to 3uild upon0 in order to recognize and protect universally
recognized human rights and freedoms as eternal and supreme values and
ensure the people and the state shall be bound by these rights and
freedoms as directly acting law.
!ccording to the Pream3le to the Constitution0 it is the un%avering %ill o" all
4eorgian citi9ens to esta3lish a democratic social order that guarantees
respect "or human rights @ not in isolation @ 3ut through continued
cooperation %ith other peace"ul nations. There"ore0 respect and recognition
o" "undamental human rights in 4eorgia represents not only an integral part
o" its legal and political spheres0 3ut also "orms a ?ey aspect o" its "oreign
policy0 ensuring that 4eorgia is a state party to all the main international and
regional agreements and treaties on human rights. This also ensures that
respect "or human rights in 4eorgia corresponds to de8ned constitutional
and international standards0 principles and norms0 the contents and
procedural "rame%or?s o" %hich are regularly updated in accordance %ith
ne% international standards and 3est practices0 as %ell as the assistance o"
the Constitutional Court o" 4eorgia and international human rights
monitoring 3odies.
! legal "rame%or? alone does not suAce to ensure the suita3le protection o"
human rights %ithin the state< the e>istence o" institutions and other 3odies0
%ith the means o" en"orcing e>isting rights and implementing changes0
represents the "oremost priority o" any democratic nation. Bith a vie% to
achieving these priorities0 the 4overnment o" 4eorgia esta3lished the
Interagency Council "or (uman )ights Strategy and !ction Plan0 3y the
Culy /D13 4overnment Decree #o. 1$60 and entrusted to it the development
o" the national strategy "or the protection o" human rights0 presented 3elo%.
The (uman )ights Strategy is 3ased on the concept o" protecting and
promoting the reali9ation o" the human rights o" all 4eorgian citi9ens0 in their
day1to1day lives. It also demarcates the long1term goals and o3Eectives o" the
government in the area o" human rights and loo?s to%ards the "ormulation o"
a progressive and uni8ed cross1sector policy0 aimed at strengthening the
protection o" human rights %ithin state organs and promoting F3etter
governanceG in the country as a %hole.
Strategy &e'elo(ment Process
State agencies0 alongside international and non1governmental organi9ations
5#4Hs70 %ere actively involved in the development process o" the strategy.
!ssistance %as also sought "rom independent organi9ations0 devoted to
protecting and promoting particular human rights.
! special %e3site %as set up0 containing all the relevant in"ormation on the
strategy development process and on its progress. Bith the help o" this
%e3site0 all interested parties %ere regularly ?ept up1to1date %ith any
developments and given the opportunity to engage in the process0 3y 3eing
a3le to o=er their comments and criticisms to the Interagency Council.
urrent Position
Hnce independence %as restored in 16610 almost all government organs and
institutions su=ered a great demise0 3e"ore entering a stage o" rene%al and
gradual reconstruction. During this period0 a legislative 3ase %as "ormulated
that %ould ta?e into account0 as "ar as possi3le0 international standards o"
protection o" the human rights o" all 4eorgian citi9ens. Despite this ho%ever0
several shortcomings have consistently 3een identi8ed in the reports o" the
Pu3lic De"ender 5Hm3udsman70 international and non1governmental
organi9ations 5#4Hs7. The recent0 comprehensive assessment o" the ,I
Special !dviser on Constitutional and 2egal )e"orms and (uman )ights in
4eorgia0 .r Thomas (ammar3erg's report: FGeorgia in TransitionG
0 is also
rather elucidating0 in that it o3Eectively identi8es the main Ja%s and
challenges in the system o" protection o" human rights in 4eorgia. It must 3e
noted that the 4overnment o" 4eorgia "ully ac?no%ledges his remar?s and
recommendations and vie%s their timely implementation as a "oremost
In order to improve the system o" protection o" human rights in 4eorgia0 it is
necessary to "urther develop the legislative "rame%or?0 %hilst at the same
time ensuring the e=ectiveness o" e>isting provisions. Currently0 "ull0
uninhi3ited access to human rights is constrained0 on the one hand 3y a lac?
o" a%areness o" citi9ens o" the means 3y %hich to en"orce their rights0 and
on the other the inade;uate "ul8llment o" human rights duties 3y
government institutions.
,=orts have 3een made to overcome these 3arriers0 though the process has
not al%ays 3een as consistent and "ar1reaching as desired. There"ore0 it is o"
vital importance to "ormulate a human rights strategy that %ill allo% the
consistent and e=ective application o" appropriate measures0 independent o"
e>ternal "orces0 such as changes in government administration and order.
The Strategy ) *ision
In the long1term0 the human rights strategy o" 4eorgia envisions a country0
%here the respect "or human rights represents an important common value
among its citi9ens and %here every citi9en has the opportunity to lead a
decent and prosperous li"e.
There"ore0 the /D141/D/D Strategy %ill "ocus on achieving the "ollo%ing goals
in particular:
Coherence o" the legislativeKinstitutional "rame%or?s %ith the
development strategy0 as %ell as any re;uirements stipulated in the
!ction Plan<

Conduction o" %ide1spread pu3lic a%areness1raising campaigns on

human rights and the means 3y %hich to reali9e these rights in
)egular rendering o" the positive and negative duties o%ed 3y all
government representatives and pu3lic organs %ith respect to human
#ims of the Strategy
The predominant aim o" the strategy is to develop a systematic approach to
the reali9ation o" human rights 3y all 4eorgian citi9ens0 and the timely
rendering o" the duties related to these rights 3y state authorities. This not
only re;uires a clear and resounding ac?no%ledgement0 3y all
representatives o" 3oth central and local government o" their constitutional
duty to ensure respect "or human rights0 3ut also the e=ective in"orming o"
the general pu3lic on the essence o" their rights and the %ays in %hich to
reali9e and en"orce these rights.
,nsuring respect "or human rights does not solely depend on the good %ill o"
the state. ,ach and every citi9en is e>pected to de"end his or her rights
5%ithin accepted legal norms7 and re"rain "rom committing or condoning any
violations o" such rights. Thus0 to an e>tent0 the strategy also envisions the
emergence o" %ell1in"ormed0 independent and active citi9ens0 %ho are a%are
o" their individual roles %ithin the democratic state system @ 3oth in 3eing
a3le to en"orce their rights0 as %ell as "ul8ll the o3ligations arising "rom
them. !ppropriate measures must there"ore 3e ta?en0 to promote the active
engagement o" citi9ens in de"ending their common rights and values0 %hich
simultaneously contri3utes to the strengthening o" democracy and the rule
o" la% in the country.
Necessary hanges an" ontinuity of the &e'elo(ment
Protection o" human rights is a continuous process0 necessitating regular
legal0 institutional and practical changes. These changes must 3e reJected
in the activities o" all civil servants0 so as to ensure that the rendering o"
duties and o3ligations arising "rom human rights 3ecomes an intrinsic part o"
their %or? culture.
Bide1spread legal and institutional re"orms must 3e dictated 3y needs at the
local level and ta?e into account national traditions0 %hilst also recogni9ing
the importance o" maintaining peace"ul relations %ith other nations. In
general0 ho%ever0 it is the primary concern o" the government to ensure the
continued and a3solute compliance %ith ,uropean standards o" protection o"
human rights in 4eorgia.
To+ar"s ,!nstitutional &emocracy-
The main "ocus o" the development process loo?s to%ards esta3lishing an
&institutional democracy' %ithin the state. Since 16610 4eorgia has 3een
undergoing a transitional period "rom an electoral democracy 5%here it is
possi3le to elect and command constitutionally and legally ordained organs
o" state70 to an institutional democracy 5%here elected 3odies and
institutions operate e=ectively and independently0 %ithout having to
succum3 to the %ill o" a select group o" individuals7.
The esta3lishment o" an institutional democracy ensures government organs
and civil servants per"orm their duties as prescri3ed 3y la%0 %hile individual
citi9ens re"rain "rom committing acts that are prohi3ited at la%. Thus0 in
order to strengthen the "oundation o" institutional democracy0 as %ell as the
systematic protection o" human rights %ithin the state0 it is necessary to
ensure the continued gro%th and development o" government institutions
and pu3lic organs< this has 3een one o" the predominant lessons learned
over the past t%o decades o" adEustment "rom a decades1long occupation to
3ecoming a "ully1Jedged independent state. !ccordingly0 the "oundation and
consolidation o" institutional democracy is a topmost priority0 re;uiring the
ardent e=orts and "ull mo3ili9ation o" all three 3ranches o" state and society
as a %hole.
# Human Rights .ase" #((roach
It is a clear aim o" the 4overnment o" 4eorgia to apply a &human rights 3ased
approach' in the "ormulation0 implementation0 monitoring and assessment o"
its various policies and programs. (o%ever0 the application o" such an
approach not only demands the active participation o" citi9ens in the
decision1ma?ing processes that are going to a=ect them most0 3ut also
serves to ensure that all elected oAcials and pu3lic servants 5at all levels o"
government70 administer their legally prescri3ed human rights duties and
o3ligations0 thus ensuring the operation o" an overall more transparent and
accounta3le state administration system. There"ore0 it is o" primary
importance "or all ministries0 agencies and institutions to gradually introduce
a human rights 3ased approach in their %or?ing practices0 especially in the
planning and provision o" pu3lic services0 so as to improve results and
enhance the overall e>perience "or 3oth recipients and providers o" such
The "ormulation o" policies and programs 3ased on a human rights oriented
approach re;uires the determination o" the e>pectations and needs o"
citi9ens on the one hand0 and the corresponding duties and o3ligations o" the
government on the other< "or e>ample0 the di=erent needs o" men and
%omen0 in any given situation0 have to 3e ta?en into account %hen
"ormulating a more e=ective policy on gender e;uality0 thus overcoming the
deep1rooted causes o" the "ailure to reali9e certain gender1related human
rights. To this end0 it %ill 3e the primary concern o" policy dra"tsmen to stri?e
the right 3alance 3et%een the a3ility o" citi9ens to reali9e their rights0 %ith
the a3ility o" the government to render their human rights related duties.
.onitoring %ill also have to 3e underta?en on ho% "ar the human rights
3ased approach has 3een administered in practice @ through various policies0
legislation and allocation o" resources0 as %ell as in the general vie%s0 values
and practices o" society.
Princi(les /nsuring Human Rights
,nsuring respect "or human right is the un%avering %ill o" all 4eorgian
citi9ens and represents the constitutionally guaranteed principle 3inding all
current and "uture governments in the "ul8llment o" the "ollo%ing duties in
1. Inviola3ility o" human right 3y the state.
/. De"ense against human rights violations 3y others.
3. Creation o" a system that %ill allo% persons to reali9e their rights in
4. !de;uate in"orming o" the population on their human rights.
It is the primary "unction and responsi3ility o" any state to ensure the
sustained0 continuous and a3solute de"ense o" human rights %ithin the
country0 irrespective o" changes in government administration and order. To
this end0 the 4overnment o" 4eorgia has pledged to "ul8ll the duties and
o3ligations arising "rom the recognition o" each universal human right0
e;ually and %ithout discrimination0 to%ards every one o" its citi9ens. This not
only ensures the inviola3ility o" human rights 3y state organs0 3ut also sets
the necessary 3enchmar? "or mutual respect in relations 3et%een
individuals< %ithin this "rame%or? all persons are given the opportunity to
enEoy their rights0 as long as their enEoyment does not in"ringe on the rights
o" others.
In the protection o" human rights the recommendations o" the Pu3lic
De"ender0 #4Hs and international human rights instruments and
mechanisms %ill 3e given due consideration0 along %ith the declarations o"
the Constitutional Court o" 4eorgia and the Eudgments o" the ,uropean Court
o" (uman )ights. The 4overnment o" 4eorgia0 moreover0 %ill 3e held "ully
accounta3le "or its human rights duties through regular and comprehensive
assessments 3y specially commissioned government agencies and 3odies0
alongside international organi9ations and non1governmental %atchdogs.
These organi9ations %ill 3e closely monitoring the various actions and
measures implemented 3y the 4overnment0 as %ell as the inclusiveness o"
such measures @ in allo%ing those persons most a=ected to participate0 or
other%ise e>press their vie%s0 in relevant decision1ma?ing processes.
The reali9ation o" human rights in practice implies the e>istence o"
opportunities and mechanisms "or redress in cases o" violations and
in"ringements o" such rights. To this end0 the appropriate legislative and
institutional mechanisms have to 3e "ormulated0 %hich %ill allo% victims to
o3tain redress "or any violations o" their human rights0 %hilst preventing
"urther violations through the application o" timely and e=ective preventive
measures 3y the state. Special attention must 3e paid to the inviola3ility o"
human rights in any case0 as %ell as the concomitant response to all such
violations. It is vital0 there"ore0 that the general pu3lic remain duly in"ormed
o" these "acts and other human rights related issues0 through %ide1spread
pu3lic a%areness1raising campaigns0 as %ell as the inclusion o" human rights
issues at all stages o" 3oth "ormal and non1"ormal education.
Strategic Paths
Bith a vie% to achieving the long1term goals0 set out a3ove0 the strategy
envisages certain legislative0 institutional and practical changes.
Hn the 3asis o" the recommendations o" the Pu3lic De"ender0 international
organi9ations0 #4Hs0 as %ell as Thomas (ammar3erg's report on 4eorgia's
achievements and challenges in the area o" human rights0 the "ollo%ing have
3een prioriti9ed "or /D141/D/D:
10 !m(ro'ement of criminal legislation an" (romotion of the
(rinci(le of ,e1uality of arms-0
Dra"ting and adoption o" criminal legislation0 %hich complies %ith
international human rights standards and guarantees the genuine
e;uality o" 3oth parties to the proceedings.
a7 Continue criminal Eustice re"orms< introduce relevant changes to the
Penal Code and the Criminal Procedure Code<
37 Ta?e into account international standards and 3est practices<
c7 Parallel to the re"orms process0 enhance the pro"essional ;uali8cations
o" advocates0 Eudges and investigative personnel<
d7 ,nsure ade;uacy and proportionality o" proposed measuresKsanctions
in response to criminal actions committed 3y individuals.
20 !m(ro'e" (rotection of the right of fair trial through su((ort of
continue" reform of the 2u"iciary0
,sta3lishment o" an e=ective Eustice system %ith ma>imum guarantees o"
the right o" "air trial and other procedural rights< complete overhaul o" the
Eudiciary @ ensuring the independence o" Eudges and the development o"
an e=ective system "or conducting genuine investigations and
a7 Conduct Eudicial re"orms to guarantee the independence o" the
Eudiciary on an institutional level0 as %ell as ensure the impartiality o"
individual Eudges<
37 )evise the rules relating to the appointment and promotion o" Eudges0
and the allocation o" cases<
c7 ,nsure greater transparency and accounta3ility o" the Eudiciary through
the protection o" its independence<
d7 ,ncourage ma>imum involvement o" Eudges in the administration o"
the Eudiciary<
e7 Conduct re"orms o" the Eudicial system in an e=ective and transparent
manner0 %ith the active participation o" the Eudiciary and civil society.
3. Reform of the Prosecutor-s 34ce% aime" at ensuring fair%
e5ecti'e% trans(arent an" in"e(en"ent criminal (rosecution
Develop a system o" criminal prosecution that is independent0 o3Eective0
e=ective and transparent0 as %ell as orientated on human rights
a7 Improve control mechanism o" the prosecution service0 in accordance
%ith international standards<
37 Conduct daily tas?s and activities in accordance %ith international
standards and continue enhancement o" the pro"essional ;uali8cations
o" prosecutors<
c7 ,nsure transparency o" prosecution service and accounta3ility vis a vis
d7 ,nsure independence o" criminal prosecutions<
e7 Impose preventive measures0 in accordance %ith international
standards and 3est practices.
40 !m(ro'e" stan"ar"s of crime (re'ention% in'estigations an"
human rights (rotection by la+ enforcement agencies% in
accor"ance +ith international stan"ar"s0
Stamping out cases o" misconduct occurring %ithin la% en"orcement
agencies0 as %ell as the timely response to any reported cases o" such
misconduct< compliance o" all activities %ith international standards and
3est practices0 ensuring the utmost respect "or human rights.
a7 Create a control mechanism that %ould ensure the imposition o"
e=ective and impartial regulatory measures upon the activities o" la%
en"orcement agents<
37 ,nsure transparency o" la% en"orcement agencies and their
accounta3ility vis a vis society<
c7 ,nsure the "ull protection o" the human rights o" individuals ta?en into
custody0 especially 3y la% en"orcement agents0 in accordance %ith
international standards<
d7 ,nsure continual enhancement o" the pro"essional ;uali8cations o" la%
en"orcement agents.
60 /stablishment of a high-class (enitentiary an" (robationary
system7 "e'elo(ment of mechanisms for "ealing +ith former
,sta3lishment o" a penitentiary and pro3ationary system in line %ith
international standards< improvement o" penitentiary "acilities and the
conditions o" prisoners< ensuring access to timely and e=ective health
care "or prisoners< promotion o" reha3ilitative programs "or pro3ationers
and "ormer prisoners.
a7 Improve the system o" complaints and investigations0 in order to
ensure its e=ectiveness and ade;uacy<
37 Sustain e=orts to ensure continued sa"ety and security o" prisoners<
c7 Improve in"rastructure in e>isting penitentiary "acilities and sustain
e=orts to improve the conditions o" prisoners<
d7 ,nsure access to ade;uate healthcare "or prisoners in penitentiary and
pro3ationary "acilities<
e7 ,sta3lish an e=ective pu3lic monitoring mechanism<
"7 4reater consideration o" gender1sensitive issues and approaches %ithin
the penitentiary system<
g7 Develop e=ective reha3ilitation and reintegration programs "or
pro3ationers and "ormer prisoners<
h7 ,nsure continual enhancement o" the pro"essional ;uali8cations o"
personnel %or?ing %ithin the penitentiary and pro3ationary systems.
80 !m(lementation of e5ecti'e measures against torture an" ill-
treatment% inclu"ing the con"uction of trans(arent an"
in"e(en"ent in'estigations0
Development o" a system o" de"ense against torture and ill1treatment0 the
conduction o" e=ective investigations into any reported cases o" such
treatment0 as %ell as the protection and reha3ilitation o" victims o" such
a7 Develop an e=ective system that %ould ensure the prevention o"
torture and other "orms o" ill1treatment0 as %ell as timely0
comprehensive and meaning"ul investigations into allegations o" such
37 Develop a consistent mechanism0 %hich %ould ta?e a systematic
approach against torture and other "orms o" ill1treatment<
c7 !pply e=ective measures across the penitentiary system0 in order to
prevent acts o" torture and ill1treatment 3eing committed 3y la%
en"orcement andKor pu3lic oAcials and timely0 thorough and impartial
response to any reported cases o" misconduct<
d7 Create an e=ective mechanism "or the protection and reha3ilitation o"
victims o" torture and ill1treatment<
e7 Meep the pu3lic "ully in"ormed a3out ongoing measures to prohi3it0
prevent and investigate acts o" torture and other "orms o" ill1treatment
in the country.
$0 &e'elo(ment of an e5ecti'e 2u'enile 2ustice system% +hich is
com(liant +ith international stan"ar"s an" ta9es into account
the best interests of all chil"ren% es(ecially those in con:ict
+ith the la+% 'ictims an" +itnesses% as +ell as those in'ol'e"
in ci'il an" a"ministrati'e (rocee"ings0
,sta3lishment o" a highly1developed Euvenile Eustice system0 orientated on
the protection o" the 3est interests o" all minors involved in civil0
administrative and criminal proceedings.
a7 Ta?e into account the 3est interests o" all minors involved in the
Euvenile Eustice system %hen implementing any re"orms or measures<
37 Develop a child1orientated approach to%ards all minors %ho come into
contact %ith the Eustice system i.e. through the "ormulation o" speci8c
legislation and the trainingK speciali9ation o" all personnel %or?ing
%ithin the Euvenile Eustice system<
c7 Strict separation o" Euvenile prisoners "rom adult prisoners0 in
accordance %ith international standards<
d7 ,nhance and e>pand the application o" preventive measures<
e7 Implement measures aimed at greaterKmore e=ective reintegration and
reha3ilitation o" Euvenile pro3ationers and "ormer prisoners<
"7 Consider "ully the application o" alternative preventive measures 5other
than detention7<
g7 Provide high1;uality education to all minors in prisons or under arrest<
h7 Provide trainings0 "ocused on dealing %ith minors0 "or all personnel that
may come into contact %ith Euvenile o=enders0 at any stage o" the
Eustice process.
;0 /nsure the right to (artici(ate in social an" (olitical life%
through im(ro'ements to the electoral en'ironment an"
enhancement of (ublic ser'ices0
,nsure the right o" every 4eorgian citi9en to participate "ully and %ithout
discrimination in the political and social spheres0 through the
development o" a "ree and "air electoral system0 improvement in
legislative norms and greater reali9ation o" these norms in practice<
ensure the right o" all electoral candidates to participate e;ually and
unrestrictedly in the elections< and ta?e steps to re"orm the civil service0
in order to de1politici9e and increase its accounta3ility.
a7 Provide e;ual opportunities to all electoral candidates to access their
legally guaranteed electoral rights and e>press their %ill "reely<
37 ,nsure the e>istence o" a "ree and "air electoral environment "or all
political parties0 at any stage o" the electoral process<
c7 ,nsure greater transparency o" the political party "unding system<
d7 ,nsure greater participation o" ethnicKnational minorities in the political
sphere0 as %ell as their inclusion %ithin the electoral "rame%or?<
e7 De1politici9e the civil service<
"7 Promote o3Eective and transparent recruitment "or the civil service0
3ased on meritocratic principles<
g7 ,liminate all contri3utory "actors promoting discrimination in the civil
service0 as %ell as the general political sphere.
<0 /stablishment of high stan"ar"s of (rotection of the right to
4uarantee the right to privacy and the protection o" personal data0 in
accordance %ith international principles.
a7 *ring into line %ith international and ,uropean standards0 the
regulatory norms and monitoring mechanisms ensuring the right to
37 )egular training o" investigatory service sta=0 in order to avoid any
potential in"ringements on their 3ehal" o" the right to privacy o" all
c7 Implement e=ective measures to raise pu3lic a%areness on privacy
rights and the protection o" personal data<
d7 Create an e=ective monitoringKsupervisory mechanism to guarantee a
high standard o" protection o" the personal data o" all citi9ens 3y all
relevant institutions.
100 /nsure a high le'el of (rotection for the free"oms of
e=(ression% association an" (eaceful assembly0
,nsure the protection o" the internationally recogni9ed and
constitutionally guaranteed rights o" "reedom o" e>pression0 "reedom o"
peace"ul assem3ly and "reedom o" association< ensure the "reedom and
independence o" the media and limit any inter"erences in the pro"essional
activities o" Eournalists< ensure protection o" all persons e>ercising their
"reedoms o" peace"ul assem3ly and association and the "ul8llment o" the
positive and negative duties o" the government in this respect.
a7 Prevent and eliminate all "actors contri3uting to any limitations o" the
"reedom o" e>pression<
37 ,nsure access to and the "reedom o" in"ormation<
c7 ,nsure appropriate legal response and prevention o" any violations o"
the "reedoms o" peace"ul assem3ly and association<
d7 )egular trainings and enhancement o" the pro"essional ;uali8cations o"
la% en"orcement agents in response to violations o" the "reedoms o"
assem3ly and association< "ul8llment o" the positive duties o" the state
in this regard.
110 Guarantee the right to free"om of religion an" belief0
4uarantee the "reedom o" religion and 3elie" o" every person0 as %ell as
their a3ilities to e>press such 3elie"s.
a7 Implement e=ective measures to prevent discrimination on grounds o"
"aith and religious 3elie"0 as %ell as the conse;uences resulting "rom
such discriminatory actions<
37 ,nsure the unrestricted operation o" the activities o" all religious
c7 Implement e=ective measures to prevent and conduct meaning"ul
investigations into all crimes committed on the 3asis o" religious hatred
and intolerance.
120 Guarantee e1ual rights an" the (rotection of the rights of
,sta3lish high standards o" tolerance in society0 through the prevention
and condemnation o" all "orms o" discrimination0 as %ell as the
conse;uences resulting "rom discriminatory actions< conduct e=ective
investigations into all reported cases o" discrimination< ensure greater
participation and integration o" minorities in civil society and pu3lic
a7 Ta?e e=ective preventive measures<
37 Prohi3it all "orms o" discrimination0 %hether in the pu3lic or private
c7 Com3at discrimination on the 3asis o" se>ual orientation or gender
d7 ,nsure immediate and appropriate response to reports o"
discrimination @ thus helping to avoid the conse;uences that %ould
result "rom such discriminatory actions<
e7 Provide ade;uate remediesKredress to victims o" discrimination<
"7 Continue implementation o" e=ective measures in order to promote the
study o" 4eorgian language "or ethnicKnational minorities<
g7 Continue e=orts to promote the active involvement o" minorities in
social0 economic and cultural li"e<
h7 Conduct a%areness1raising campaigns relating to e;uality and
tolerance issues.
1>0 ?ocus on the rights of chil"ren% es(ecially through@ im(ro'ing
e=isting (rotection an" assistance mechanisms% "e'elo(ing social
ser'ices% re"ucing chil" (o'erty an" mortality rates% an"
guaranteeing the (ro'ision of high stan"ar"s of e"ucation0
Improvements to the system o" child protection and assistance0 especially
social services< reduction o" child poverty and mortality0 as %ell as the
provision o" a high level o" education "or all children.
a7 Ta?e into account the 3est interests o" the child %hen ma?ing any
decisions in relation to children<
37 Protect children "rom all "orms o" violence and provide timely and
e=ective responses to any reported cases o" such violence<
c7 Develop the child healthcare system<
d7 Develop the social services agency<
e7 ,sta3lish a high1;uality education system accessi3le to all children0
including those %ith special needs<
"7 Implement e=ective measures to assist %ith the integration and
reha3ilitation o" vulnera3le children0 "rom a variety o" social
g7 Introduce child1orientated social %el"are schemes and 3ene8ts<
h7 Promote the upraising o" children in "amily1orientated environments<
i7 Ta?e e=ective measures to promote healthy li"estyles "or children.

140 Promotion of gen"er e1uality% (rotection of +omen-s rights
an" (re'ention of "omestic 'iolence0
Promotion o" gender e;uality0 protection o" %omen's rights and
prevention o" domestic violence0 as %ell as the conse;uences resulting
"rom such violence.
a7 Implement e=ective measures across all spheres to ensure and
promote the concept o" gender e;uality< in particular0 encourage
greater involvement o" %omen in political li"e0 as %ell as decision1
ma?ing process<
37 ,nsure prompt and e=ective response to all reported cases o" gender
c7 ,nsure the "ull compliance o" e>isting mechanisms %ith international
standards "or the protection and assistance o" victims o" domestic
d7 Conduct a%areness1raising campaigns0 especially "or civil servants0 on
issues o" gender e;uality and domestic violence<
e7 ,nsure access to legal protection0 psychoKsocial reha3ilitative "acilities
and shelters "or victims o" domestic violence.
160 #ccess to e1ual rights for (ersons +ith "isabilities an"
a((lication of the (rinci(le of ,reasonable a"2ustment-0
Provision o" e;ual opportunities to persons %ith disa3ilities and promotion
o" their "ull and active participation in all social spheres.
a7 ,nsure e;ual rights "or persons %ith disa3ilities0 ta?ing into account
their speci8c needs and re;uirements0 according to the &reasona3le
adEustment' principle<
37 ,ncourage greater independence and ensure active involvement o"
persons %ith disa3ilities in the decision1ma?ing processes concerning
them @ thus helping to preserve their dignity<
c7 ,ncourage the "ull and active participation o" persons %ith disa3ilities
in political li"e<
d7 Provide greater support "or the employment o" persons %ith
e7 ,nsure "ull access to pu3lic services and transport "or persons %ith
"7 )aise pu3lic a%areness on disa3ility issues.
180 Protection of the rights of !nternally &is(lace" Persons A!&PsB
an" resi"ents li'ing near bor"ers of occu(ie" territories0
Improvements in the living conditions0 social provisions and integration o"
IDPs and residents living near 3orders o" occupied territories< application
o" all possi3le measures0 including 3ilateral and multilateral international0
legal instruments0 in order to return IDPs to their permanent places o"
a7 Protect the integral right o" all IDPs to 3e allo%ed to return to their
permanent places o" residence and the application o" all possi3le
measures 3y the state to this end<
37 Implement e=ective measures to ensure the improvements in the
living conditions and social provisions o" IDPs and residents living near
3orders o" occupied territories<
c7 !l%ays ta?e into consideration the vie%s o" IDPs and residents living
near 3orders o" occupied territories in matters concerning them0 thus
providing them %ith the opportunity to ta?e in"ormed decisions on such

1$0 Cn"erta9e all necessary measures to (rotect the rights of
(ersons li'ing in the occu(ie" territories of Georgia% through the
use of bilateral an" multilateral international% legal instruments0
Promotion o" human rights in the occupied territories o" 4eorgia and the
utili9ation o" all availa3le measures and instruments0 so as to render the
positive duties o%ed 3y the state "or the protection o" "undamental rights
and "reedoms %ithin the entire nation.
Itili9ation o" all availa3le measures @ on the part o" the 4eorgian
government @ so as to ensure respect "or human rights in the occupied
regions< the use o" inter alia 3ilateral and multilateral international0 legal
1;0 !ntro"uction of higher stan"ar"s of (rotection for the right to
Introduction o" higher standards o" protection "or the right to property.
aB ,nhance e>isting legislative and institutional mechanisms "or the
protection o" the right to property<
bB ,nsure strict adherence to constitutional and international norms in
cases o" e>propriation o" land 3y pu3lic authorities "or reasons o"
pu3lic necessity<
cB Conduct thorough legal investigations and revie% the particulars o"
every case involving a decision to recogni9e or to re"use to recogni9e
ne% property rights in relation to e>isting plots o" privately o%ned
1<0 /nsure com(liance of national labor legislation +ith
international guarantees of the right to +or90
,nsure compliance o" national la3or la%s %ith international standards and
guarantees o" the right to %or?.
a7 Null compliance o" e>isting la3or legislation %ith international
37 ,=ective implementation o" la3or legislation in practice<
c7 Creation o" special institutional mechanisms "or the protection o" la3or
200 /nsure access% es(ecially by 'ulnerable grou(s% to the right to
Ta?e e=ective measures to ensure access to the right to health0 especially
3y vulnera3le groups.
a7 Consolidate resources availa3le to the state to ma>imi9e enEoyment o"
the right to health<
37 ,nsure access to the right to health0 %ithout discrimination<
c7 Implement e=ective measures to ensure access to the right to health0
especially "or vulnera3le groups.
210 /nsure the right to a"e1uate housing an" the "uties arising
from this right0
Nul8llment o" state duties related to the right to provide ade;uate housing
and shelter0 and the reduction o" homelessness.
a7 Consolidate resources availa3le to the state to ma>imi9e the provision
o" ade;uate housing and shelter<
37 ,nsure the right to ade;uate housing %ithout discrimination<
c7 Implement e=ective measures to ensure access to ade;uate housing
and shelter "or vulnera3le groups<
d7 Introduce ne% state housing legislation0 compliant %ith international
standards and accommodating o" the interests o" all relevant parties<
e7 Create a data3ase "or the registration o" all homeless persons<
"7 4uarantee minimum conditions and standards o" housing.
220 /nsuring the rights of migrants an" those in nee" of shelter0
,nsure the legal and social protection o" migrants0 through guaranteeing
the right to %or?0 ensuring protection "rom discrimination and traAc?ing0
as %ell as improving migrant services and reintegration programs< protect
the rights guaranteed under the 161 4eneva Convention in relation to
the Status o" )e"ugees.
a7 Implement measures set out in the strategy and action plan relating to
37 Prevent unla%"ul migration<
c7 Prevent traAc?ing o" migrants< e=ective identi8cation o" victims o"
traAc?ing and provision o" ade;uate assistance<
d7 ,nsure the rights to ade;uate health and education "or those persons
in need o" shelter<
e7 4uarantee the right to "ree movement o" persons in need o" shelter.
2>0 Strengthening "omestic legal guarantees on en'ironmental
human rights0
Strengthening domestic legal guarantees on environmental human rights
through providing greater access to in"ormation relating to environmental
protection0 improving state mechanisms and ma?ing sure domestic
legislation is in line %ith current international legal norms and criteria on
environmental protection< generally0 raising pu3lic a%areness on
environmental human rights and protection.
a7 4reater access to in"ormation on international standards o"
environmental protection<
37 Improve state mechanisms0 so as to ensure greater transparency and
pu3lic involvement in decision1ma?ing processes relating to
environmental protection<
c7 4uarantee that the scope o" domestic legislation con"orms %ith
current0 internationally recogni9ed criteria on environmental protection
and provides access to Eustice on environmental issues<
d7 )aise pu3lic a%areness on environmental issues.
Mechanisms for Monitoring the !m(lementation of the
In order to achieve the aims and o3Eectives set out in the #ational Strategy0
presented a3ove0 the government %ill prepare the &!ction Plan "or the
Protection o" (uman )ights'0 %herein a more detailed description o" the
concrete actions and measures 3eing ta?en to implement human right
o3Eectives in the country0 as %ell as the relevant time"rames0 indicators and
responsi3le 3odies "or implementation0 %ill 3e set out "or the period /D141
Throughout this period0 responsi3le 3odies "or implementation %ill also 3e
re;uired to present annual progress reports to the !dministration o" the
4overnment o" 4eorgia< this %ill0 in turn0 ena3le the !dministration to 3etter
monitor the development process and to carry out regular chec?s on %hether
the !ction Plan is 3eing e=ectively implemented. !t the end o" the period
covered 3y the !ction Plan0 the !dministration %ill dra"t a summary report @
to 3e presented 3e"ore the Parliament o" 4eorgia @ providing a
comprehensive assessment o" the per"ormance o" the !ction Plan0 relevant
recommendations0 as %ell as the outcomes o" any periodic monitoring
Oualitative criteria "or the implementation o" the !ction Plan %ill 3e
"ormulated 3ased on the general and targeted concluding o3servations o"
the Pu3lic De"ender0 international organi9ations as %ell as local #4Hs< all
concluding o3servations0 presented at the 3eginning o" the period
encompassed 3y the !ction Plan0 as %ell as at the end o" this period0 must 3e
given due consideration.
Nor the assessment o" the ;uantitative criteria o" the !ction Plan the
!dministration0 responsi3le 3odies "or implementation together %ith the
Pu3lic De"ender and all interested international organi9ations and #4Hs0 %ill
need to "ormulate and present 3e"ore the Parliament o" 4eorgia the relevant
disaggregated statistical data0 e>amining 3oth progressive and pro3lematic
aspects o" the development process.
!t the end o" the period encompassed 3y the !ction Plan0 %or? %ill 3egin on
"ormulating a ne% !ction Plan 3ased on the relevant assessment criteria0 as
determined 3y governmental 3odies and actively involved international
organi9ations and #4Hs.