New law boosts Public Defender's power against discrimination
By Gvantsa Gabekhadze
Thursday, May 9
The Georgian parliament has adopted a law which increases the rights of the Georgian Public Defender against discrimination. The change was being demanded for four years.
The earlier legislation did not provide a Public Defender with the necessary leverage to study the cases of discrimination in the private sector.
“Private individuals were not obliged to provide the Public Defender with the required information for studying a case, to consider the Public Defender’s recommendations or to notify the Public Defender’s Office of the results,” Public Defender Nino Lomjaria said.
From November 2014 to August 31, 2018, the Public Defender issued a total of 24 recommendations for private individuals, but was not responded at all in 16 cases, she says.
“According to the new amendments, private individuals will be obliged to provide information to the Public Defender, as well as to consider the Public Defender’s recommendations and provide information about the results,” Lomjaria stated.
Non-fulfillment of these obligations will be regarded as an administrative offense and will be punished with a fine.
The Public Defender will have the right to sue private individuals if they do not implement her recommendation. Earlier, Public Defender could use such a possibility only regarding the public sector.
Public Defender’s office has been demanding the adoption of the amendments since 2015.
Lomjaria also welcomed the strengthening of enforcement mechanisms relating to the cases of sexual harassment.
“Determination of sexual harassment as an administrative offense and introduction of fines is a step forward for the protection of the rights of women, girls and each member of the society. At the same time, it is important to conduct an extensive social campaign and disseminate information about the mentioned issue to create the prevention effect.
“And if an offense cannot be prevented - everyone should be properly informed about their rights and no violator should remain unpunished,” she stated.
Lomjaria expressed hope that the new law and its enforcement will make public spaces safer for women as well.
