Briefly on Human Rights

All human beings are born free and equal in dignity and rights. In Georgia, human rights are protected by the Constitution and on the basis of the standards, principles and norms established by international conventions and declarations. 

Human rights have a complex, century-old history that, at different stages of human development, has been related to the fights for individual rights through limitation of absolute power, distribution of authority, and establishment of democratic constitutional states. 

Contemporary conventions and declarations on human rights were preceded by the adoption of historic documents, such as the Great Charter of the Liberties (1215) and the Bill of Rights in England (1689), the Declaration of the Rights of Man and of the Citizen (1789) in France and the Constitution (1787) and Bill of Rights (1791) in the United States. 

Today, human rights and freedoms are recognized and guaranteed by numerous international conventions and declarations, including the Universal Declaration of Human Rights of December 10, 1948 of the United Nations; the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 of the Council of Europe; the European Social Charter of February 26, 1961 of the Council of Europe; and the two United Nations Covenants adopted on December 16, 1966: “On Civil and Political Rights” and “On Economic, Social and Cultural Rights.”

The Constitution of Georgia (as of October 13, 2017), as the constitutions of all other democratic and legal states, recognizes and guarantees human rights. According to Article 7 of the Constitution: “The state shall recognize and protect universally recognized human rights and freedoms as eternal and supreme human values.”

Chapter Two of the Constitution protects:

• Inviolability of the right to life, liberty, honor and dignity;
• Inviolability of the freedom of speech, thought, conscience, religion and belief;
• Inviolability of private life, correspondence, communication and messages;
• The right to property;
• Liberty of movement and freedom to choose his/her residence; 
• The right to freely receive and impart information, to express and impart opinion;
• The right to public assembly and manifestation;
• The right to form public associations;
• The right to free development of personality;
• Freedom of intellectual creation;
• Freedom of labor;
• Right to obtain education and healthcare. 

The Constitution prohibits capital punishment. Human torture, inhuman, cruel treatment and punishment or treatment and punishment infringing upon honor and dignity are impermissible.

The Constitution guarantees equality: “Everyone is free by birth and is equal before law regardless of race, color, language, sex, religion, political and other opinions, national, ethnic and social belonging, origin, property and title, place of residence.”

The Constitution guarantees the following procedural rights:

• Presumption of innosence (An individual shall be presumed innocent until the commission of an offence by him/her is proved in accordance with the procedure prescribed by law and under a final judgment of conviction);
• No one shall be obliged to prove his innocence. A burden of proof shall rest with the prosecutor;
• Everyone has the right to apply to a court for the protection of his/her rights and freedoms;
• The right to defense shall be guaranteed.

The Constitution guarantees the equality of the citizens of Georgia before the law. The right to form political associations and equal rights to participate in elections are protected.