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WOMEN’S RIGHTS / Analytical Documents

NGOs recall the government of Georgia to implement the recommendations of UPR regarding SRHR

Untitled-logoCoalition of non-governmental organizations (Tanadgoma, Hera XXI, Identoba, Human Rights Education and Monitoring Center (EMC)) responds to the recommendations issued for Georgia by the member states in the framework of the second cycle of Universal Periodic Review (UPR) and believes that it is of a great importance for the government of Georgia to ensure its effective implementation and sharing.

As it is known to the society, the coalition of non-governmental organizations (Tanadgoma, Hera XXI, Identoba, Human Rights Education and Monitoring Center (EMC)), with the support of Swedish Association for Sexual Education (RFSU), advocates the issues of sexual and reproductive health and rights (SRHR) protection in the frameworks of Universal Periodic Review (UPR). For this purpose, organizations have presented before UPR individual and collective shadow reports. In addition, the coalition has participated in the pre-session discussions and presented a special report that concerned issues of sexual and reproductive health and rights, execution of anti-discrimination legislation, discrimination of LGBT persons and hate crimes, the violence against women. It must be noted that 39% of overall recommendations issued by the states concerned sexual and reproductive health and rights, among which the important part of recommendations presented by the coalition were reflected.

Below is presented the review of main recommendations issued on the issues of SRHR:

  1. Effective implementation of anti-discrimination legislation and strengthening of the mechanisms:

Georgia has received 6 recommendations from the member states in regard of the effective usage of anti-discrimination legislation and strengthening the existing legal remedies. Among them, the recommendation issued by Czech Republic, which concerned the necessity of informing appropriately to the wider society, law-enforcement and judicial system representatives about the anti-discrimination legislation, was shared by the government.

At this point, Georgia has not given consent to accept the most important recommendation issued by Sweden, which refers to the necessity of the amendment in the law about elimination of all forms of discrimination and in this respect refers to the necessity of competence of Public Defender to use the fining method or other sanctions on the facts of discrimination.

  1. Protection of women rights and fight against domestic violence

The member states have issued 25 recommendations on the issue of effective measures to protect women rights and eliminate gender based violence and domestic violence. The above mentioned recommendations appeal the government to intensify the steps directed towards the elimination of violence against women and domestic violence. It also indicates the government to implement the awareness-raising campaigns and promote the increasing of referrals about violence and sexual violence, provide production of risk-based assessment and effective investigation, prosecution and punishment of offenders. The recommendation issued for the government by Poland should be emphasized separately. It demands from the state to strengthen the existing legislation and practice, in regard to the issues of overcoming gender discrimination and sexual harassment, among them, labor relations.

Georgia has not given its consent to accept such important recommendations about the issues of combating domestic violence as:

  • The increase of the budget and other resources to support the work of social workers working on the issues of domestic violence (Paraguay);
  • Creation of crisis center for the victims of sexual violence, harassment and domestic violence (Honduras);
  • Establishing a mechanism for the enforcement of protective and restrictive orders relating to domestic violence, to ensure their effectiveness, and prevent recurring offences, inter alia through establishing specialized police units on gender-based violence and domestic violence (Sweden);
  1. Protection of Reproductive Health and Rights

3 recommendations were issued for Georgia about the protection of reproductive health and rights issues. The state has given consent to accept the recommendation issued by Rwanda, which encompasses the provision of accessibility to high quality health care services for women.

However, the state has not given consent to accept important recommendations of Denmark and Brazil, that demand from Georgia to take adequate measures to provide protection services of sexual and reproductive health, including physical and financial accessibility to abortion and contraceptive services for all women and girls, especially for those living in villages and women representing vulnerable groups; special attention should be paid to protection of the rights of women infected with HIV/AIDS.

  1. LGBT people’s rights

8 countries have issued recommendations about the issues of LGBT people’s rights protection. The above mentioned recommendations demand from the state to implement effective execution of anti-discrimination legislation to overcome discrimination on the grounds of sexual orientation and gender identity, including, implementation of effective measures to eliminate social stigmatization, discrimination and hate crimes on the grounds of sexual orientation and gender identity. For this purpose the states demand from Georgia to issue adequate resources to provide awareness-raising campaigns and trainings for the judicial system representatives, to promote effective implementation of the existing mechanisms of overcoming discrimination on the grounds of sexual orientation and gender identity.

At this stage Georgia has not adopted some serious recommendations, that would substantially contribute to protection of LGBT people’s rights and creation of the environment free from violence and discrimination. The recommendations are:

  • Creation of specialized police unit for investigating hate crimes, closely collaborating with the LGBT community and organizations in order to create a trusting relationship (Sweden);
  • Adoption and execution of special strategy for monitoring, investigation and punishment of hate crimes and transfer of appropriate power and resources to The Public Defender to strengthen his work in this regard (Great Britain and North Ireland);
  • Doubling the effort for providing LGBT people’s rights protection and for this purpose effective fight against social stigmatization of homosexuality, bisexuality and transsexuality, hate crime, discrimination and the violence motivated by hatred on the grounds of sexual orientation and gender identity (Uruguay)

Georgia should present its opinions about the above mentioned recommendations at the UN Human Rights Committee’s 31st session - no later than March 2016.

It must be noted that Coalition will continue active advocating on adopting and executing the recommendations issued in the frameworks of UPR on the issues of SRHR on the national level.

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