On January 31, 2025, the Social Justice Center submitted updated information to the Committee of Ministers of the Council of Europe concerning the implementation of judgments in the cases of Identoba and Others v. Georgia (No. 73235/12) and A.D. and Others v. Georgia (Nos. 57864/17, 79087/17, 55353/19). As is well established, the Committee of Ministers is entrusted with overseeing the execution of judgments issued by the European Court of Human Rights in accordance with its supervisory role.

The Social Justice Center’s submission provides a critical assessment of the human rights situation in Georgia, regarding the LGBTQI community. It highlights systemic issues that continue to marginalize LGBTQI individuals, such as ineffective investigations into targeted cases, the institutionalization of political homo/bi/transphobia and the selective and discriminatory application of the freedom of assembly to suppress LGBTQI rights. The document also emphasizes the repressive nature of the newly enacted homo/bi/transphobic law, which not only prohibits public expression related to LGBTQI issues but also restricts the right to peaceful assembly and access to essential trans-specific healthcare services, further entrenching discrimination and social exclusion.

We have expressed our serious concern to the Committee of Ministers regarding the imposition of administrative and criminal liability for violations of the provisions in the enacted legislative package “On the Protection of Family Values and Minors.” By criminalizing expression and restricting access to healthcare services, this legislation establishes an arbitrary and authoritarian system of control and punishment. These measures not only violate the fundamental rights of LGBTQI individuals but also have far-reaching implications for broader democratic freedoms. In particular, the legislation severely limits freedom of expression, peaceful assembly, and academic freedom, undermining the rights of diverse segments of society and reinforcing a repressive legal framework.

The submission also underscores the political instrumentalization of homo/bi/transphobia by the leaders of the Georgian Dream party, highlighting the government’s discriminatory rhetoric and actions targeting LGBTQI individuals. We provide the Committee of Ministers with detailed information about these discriminatory practices, stressing the transformation of the ruling party into the leading actor in propagating hate speech and homo/bi/transphobic narratives, which further stigmatizes the LGBTQI community in Georgia.

The Social Justice Center also endorses the critical opinion of the Venice Commission, which asserts that the enacted homo/bi/transphobic law, along with related legislative amendments, contravenes fundamental rights, the spirit of the European Convention on Human Rights, and Georgia’s obligation to implement ECHR judgments.

Therefore, the Social Justice Center requests that the Committee of Ministers continue overseeing the aforementioned cases and require the Government of Georgia to implement a series of general measures, including:

• Repealing the legislative package “On the Protection of Family Values and Minors,” as it violates fundamental rights protected under the European Convention on Human Rights;
• Ceasing the systematic use of homo/bi/transphobia as a political tool and halting state-sponsored campaigns that incite discrimination and violence;
• Ensuring immediate and unhindered access to essential and emergency medical services for transgender individuals. The Committee of Ministers should monitor the urgent and intensive implementation of this recommendation;
• Strengthening efforts to combat homo/bi/transphobic crimes and improving the police response in terms of preventing and investigating such incidents. In this regard, it is essential for the prosecution and judiciary to recognize sexual orientation and gender identity as hate crime motives in the case of the murder of Kesaria Abramidze.

We also recommend that the Committee of Ministers initiate infringement proceedings against the Georgian government, given the seriousness of the situation and its severe undermining of the rights of LGBTQI people. Additionally, we urge the Committee to take action at the European Court of Human Rights regarding the Georgian government’s repeated failure to comply with the Court's judgments.

Furthermore, the Social Justice Center respectfully requests that the Committee of Ministers provide opportunities for LGBTQI community organizations and human rights organizations to participate in the oral hearing on the implications of the Law on the Protection of Family Values and Minors. This participation is crucial for discussing its impact on the implementation of the European Court of Human Rights’ judgments and the broader status of LGBTQI rights in Georgia. Given the profound and far-reaching consequences of this legislation on fundamental rights and freedoms, the involvement of civil society is essential to ensuring a comprehensive and well-informed discussion.

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