Prohibition of discrimination and equal treatment, despite its fundamental nature, remains a significant challenge in Georgia both on normative and practical levels, which relates to enjoyment of different rights and is particularly evident in labour relations. Realization of equality principle implies existence of a legislative framework and policy, which will ensure substantive equality in different parts of societal relations.
In Georgia, actualization of equality law was related to enactment of the law of Georgia “On the Elimination of All Forms of Discrimination” (hereinafter “anti-discrimination legislation”), which created common, general guarantees against unequal treatment. Before that, principle of equality was to a certain extent also reflected in the employment legislation. Since then, the issue of discussion is strengthening and enhancement of guarantees of rights protection.
According to Association Agreement between Georgia and the EU, Georgia has to ensure that the Georgian legislation in the spheres of anti-discrimination and gender equality converges with EU law and indicated international instruments. By 2017 Georgia had the obligation of implementing three equality directives, namely: (1) Council Directive 2000/43/ EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin7 (The Racial Equality Directive); (2) Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (The Employment Equality Directive); (3) Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services (Gender Equal Access to Goods and Services Directive). Currently, Parliament of Georgia is considering the draft law submitted by the Government on December 12, 2017, aimed at implementation of the mentioned directives in the legislation.
The present research paper is intended to assess compliance of national legislation on labour relations with the referred directives and elaborate appropriate recommendations for transforming legislative framework. In addition, it is important that the process of implementing the EU Equality Directives correspond to complex nature of these documents and includes creation of an appropriate legislative framework, as well as its application in practice.
For this purpose, the first part of the research paper assesses grounds of discrimination foreseen by national legislation and their relation to the EU standards. The second part of the research paper analyses the need for regulating specific forms of discrimination and/or for changes related to existing categories of discrimination. The third part concerns special exceptional rules in the anti-discrimination legislation, while the fourth part covers issues of positive action. The fifth part of the research emphasizes the need for establishing appropriate legal protection mechanisms – concerns rights protection institutions and their mandate. The sixth part covers procedural regulations; the concluding part contains the components on awareness-raising about anti-discrimination legislation and ensuring inclusive process to facilitate the efficiency of equality politics.
Available in Georgian and English.
This publication was prepared individually by a member organization of the Fair Labor Platform and does not necessarily reflect the position of the Fair Labor Platform and/or its other members.
