Frequently Asked Questions
Who is considered as a person with disabilities?
According to Article 1 of the 2006 United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments, which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.
What rights do persons with disabilities enjoy?
According to the United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities have the following rights on equal basis with others:
- The right to life
- The right to equal recognition before the law
- The right to access to justice
- The right to liberty and security of person
- The right to freedom from torture or cruel, inhuman or degrading treatment or punishment
- The right to freedom from exploitation, violence and abuse
- The right to respect for physical and mental integrity
- The right to liberty of movement and nationality
- The right to living independently and being included in the community
- The right to freedom of expression and opinion, including the freedom to seek, receive and impart information
- The right to respect for privacy
- The right to respect for home and the family
- The right to education
- The right to health
- The right to work and employment
- The right to adequate standard of living and social protection
- The right to participation in political and public life
- The right to participation in cultural life, recreation, leisure and sport
What does the effective legislation of Georgia envisage in relation to the protection of the rights of persons with disabilities?
According to the Law of Georgia “On Social Protection of Persons with Disabilities” :
- The State shall provide social protection to persons with disabilities and create necessary conditions for their individual development, and realization of their creative and production capabilities;
- The rights and legal interests of persons with disabilities shall be protected as determined by court or by law;
- The State shall recognize sign language as a means for interpersonal communication and shall create necessary conditions for its use and development;
- State agencies, enterprises, institutions and organizations shall create conditions for persons with disabilities to allow them to freely move and orient themselves or use residential, public and business premises, transport and transportation services, and means of communication and information;
- It shall be inadmissible to design and construct residential areas, to develop residential districts, to work out design solutions, to build and reconstruct buildings and facilities, including educational, cultural and entertainment, as well as, sports and recreation facilities, airports, railway stations, sea and river transportation communications and facilities, individual means of communication and information unless those facilities meet the needs of persons with disabilities;
- The State shall facilitate a medical, professional and social rehabilitation of for persons with disabilities;
- The State shall provide persons with disabilities with necessary conditions for education and professional training;
- Persons with disabilities shall have the right to work at enterprises, institutions and organizations operating under normal labor conditions, irrespective of their form of ownership and business.
- Labor Code of Georgia prohibits discrimination on grounds of disability in labor relations;
- Employing persons with disability to work overtime or for a night job without their consent shall be prohibited.
What kinds of social assistance measures are envisaged for persons with disabilities?
Social assistance to persons with disabilities includes provision of both financial (social package - pension, other types of financial support), and technical and other assistance (wheelchairs, prosthetic and orthopedic products and other supporting facilities). The Law of Georgia “On Social Assistance” defines the basis for granting a social package to persons with disabilities.
Social package shall be awarded to persons with significant disabilities, persons with moderate disabilities as a result of military actions for the territorial integrity, freedom and independence of Georgia, persons with moderate disabilities as a result of military actions on the territory of other countries, children with disabilities, persons with disabilities since childhood, who enjoy the status of moderate disability after the age of 18.
Is an employed person with disabilities entitled to receive social package – pension?
Persons with disabilities employed in the private sector are entitled to receive a social package along with salary. As for the right to receive the social package while performing public activities, the mentioned right is not originated, and the originated right is terminated while performing public activities, except for persons with severe disabilities and persons with significant disabilities due to the eyesight.
Is any kind of benefit provided to employed persons with disabilities under the effective legislation of Georgia?
According to Article 82 (Paragraph 2) of the Tax Code of Georgia, taxable income of up to 6,000 GEL received by a person with disability since childhood, as well as persons with apparent or strongly apparent disability during the calendar year shall not be subject to the income tax.
How should we act if the rights of persons with disabilities are violated?
In case of the violation of the rights of disabled persons, an interested person (disabled person, his/her legal representative, family member and others) shall be entitled to address the Public Defender of Georgia, as well as the judiciary.
In case of the violation of the rights of disabled persons, an interested person (disabled person, his/her legal representative, family member and others) shall be entitled to address the Public Defender of Georgia, as well as the judiciary.
The state dues or any other kind of taxes shall not be paid by persons with disabilities when addressing the Public Defender of Georgia or the judiciary.
According to Article 16 of the Organic Law of Georgia “on Public Defender of Georgia”, complaints and applications lodged with the Public Defender shall be exempt from state taxes. The assistance of the Public Defender rendered to persons concerned shall be free of charge.
According to Article 5 (Paragraph 1, Subparagraph “L”) of Law of Georgia “on State Dues”, persons with disabilities, their institutions, production-and-training organizations and associations, public organizations are exempt from paying state dues for the cases under consideration.
Except for the mentioned documents, the rights of the persons with disabilities are protected by numerous international and national acts.