The signatory organizations and activists on disability rights recall the adoption of the Law “on the Rights of Persons with Disabilities” by Parliament on July 14. Despite several positive changes, we would like to stress that this Law, given its declarative nature and challenges regarding its content, is another missed opportunity for the Government to effectively strengthen persons with disabilities.

The country has been in need of the implementation of the CPRD, as well as the harmonization of the existing legal framework to international standards and the development of mechanisms for its effective enforcement. The Law “on the Rights of Persons with disabilities” should have become an important national tool for improving the human rights situation of persons with disabilities and overcoming the above mentioned shortcomings. Despite the fact, that the Law introduced some positive changes, including, guaranteeing the physical and mental inviolability of persons with disabilities, the concept of a special plaintiff, supporting persons with disabilities for access to justice, it failed to use its potential for the radical transformation of the legal and policy frameworks designed for the persons with disabilities. Furthermore, it should be noted that the process of drafting and adopting of the Law was not in line with international standards, and a significant part of its content remains problematic.

The process of drafting and discussing of the Law and its accompanying package for legislative changes has met with significant challenges both, in the Ministry of Justice and Georgian Parliament. Over the years, the Ministry of Justice has failed to ensure the active involvement of persons with disabilities and organizations working on their rights in the law-drafting process. It is clear, that giving them a one-time opportunity to submit written and oral comments to the Ministry, as well as neglecting most of their recommendations and leaving them without any feedback, does not correspond with the international standards, which unequivocally imposes an obligation on the state to efficiently involve persons with disabilities in any decision-making process affecting them.

Following the initiation of the Draft Law before the Parliament, persons with disabilities and organizations had legitimate expectations of active involvement in the process of examination and adoption of the document. Despite numerous public statements and assessments submitted to the Parliament, the inclusive process has not established at this stage. Both informational and physical barriers posed a significant challenge for persons with disabilities in this regard.

In addition to the above barriers, the Parliament did not take into account the risks of spreading COVID-19 and vulnerability of the significant part of the community of persons with disabilities, as well as the public motions of the community members on avoidance of adoption of the Law in an accelerated manner and development of the inclusive process where they could have the opportunity to present their opinions and recommendations with regard to the Draft Law. Unfortunately, instead of creating various inclusive formats, the Parliament adopted the Draft Law in its second reading shortly afterwards and held only two online meetings. One of these meetings aimed at informing the community members of persons with disabilities on the accepted remarks concerning the Draft Law when the possibility of making substantial changes to the document no longer existed.

Along with the procedural challenges with regard to the law-drafting process, the important content-based flaws are also noteworthy. Notwithstanding the particular positive aspects and some changes made in line with the recommendations of the community, which are mentioned in the statement, the content of the Law is declarative and abstract, it does not set specific human rights standards and, consequently, does not substantially improve the human rights conditions of persons with disabilities. Most parts of recommendations from the community members and organizations have not or have been incompletely reflected in the Draft Law. Therefore, the effective legislative and practical basis for the protection of a number of rights of persons with disabilities have not been developed.

Along with its declarative nature and despite numerous recommendations from the community members and organizations, the Law has not established human rights standards on a number of issues regulated by the CRPD, including, legal capacity, state obligations regarding mental health system and deinstitutionalization, as well as guaranteeing freedoms of movement, thought and belief, etc. At the same time, the Law does not take into account and/or does not include in affirmative form the positive measures that should be taken by the Government to ensure fulfillment of socio-economic rights of persons with disabilities – labour, employment and social protection rights. Additionally, while there are significant challenges concerning the introduction and implementation of services for persons with disabilities in Georgia, the Law provides a legal basis for only one specific service – personal assistant – and excludes other specific services from the field of vision.

Additionally, although the transitional provisions of the Law provide a basis for the development of certain important standards, given the large time-frame allocated for their adoption and implementation, it is clear that fulfillment of the relevant obligations under the CRPD will be postponed for several more years. It is noteworthy, that the state has not taken into account the recommendations of a number of organizations and persons with disabilities in this regard.

We would like to once again express our concern over the lack of effective involvement of the community of persons with disabilities and organizations in the process of drafting and adopting of the Law “on the Rights of Persons with Disabilities”, as well as the substantive challenges of the Law. If these problems were avoided, on the one hand, a strong legal instrument would have been developed, which would effectively ensure the protection of the rights of persons with disabilities and, on the other hand, a precedent for broad involvement of the representatives of the community members in the governmental decision-making process would have been created. Unfortunately, as a result of the adoption of the Law in this way, both the Government of Georgia and the Parliament have missed the above mentioned opportunities.

Signatory Organizations and Activists:

• Movement Accessible Environment for Everyone (MAEE)
• Human Rights Education and Monitoring Center (EMC)
• Partnership for Human Rights (PHR)
• Georgian Young Lawyers’ Association (GYLA)
• Platform for New Opportunities (PNO)
• Families Against Discrimination (FAD)
• Coalition “Movement for Changes”
• Georgian Down Syndrome Association
• Parents Information Center (PIC)
• Network of Women with Disabilities
• Union “Woman and Reality”
• Aures Foundation
• Wolfram Syndrome - Georgia
• Partnership for Social Welfare
• Georgian SOS Children’s Village
• Partnership for Equal Rights (PER)
• Georgian Social Workers’ Association (GASW)
• Global Initiative on Psychiatry – Tbilisi (GIP – Tbilisi)
• Non-governmental Organization “Let’s be Friends”
• Every Tenth of Us
• Georgian Portage Association
• McLain Association for Children (MAC – Georgia)
• Leila Khachapuridze
• Natia Gogolashvili
• Gela Beradze
• Davit Bibileishvili
• Olga Kalina
• Mariko Kobakhidze
• Neli Akobia
• Gia Jvarsheishvili
• Ketevan Pilauri
• Koba Nadiradze

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