Prawa człowieka w krajach Partnerstwa Wschodniego UE z ...

5. GEORGIA
a. Institutional and legislative framework
A relevant background to analyse the UN stance on the protection of human rights in
Georgia is the 2008 report of the Office of the High Commissioner for Human Rights pointing
out the security, humanitarian law and human rights challenges regarding the independence of
the judiciary, the functioning of the penal system and living conditions of internally displaced
persons in the context of the events of November 2007 and the armed conflict in South
Ossetia in August 2008. The Human Rights Committee noted positive legislative and
institutional changes in Georgia, but at the same time expressed its concern that the non-
refoulement principle was not fully respected. CAT, CEDAW and CRD welcomed the
adoption of the Law on the Elimination of Domestic Violence. CEDAW also welcomed the
adoption of the Law on Combating Human Trafficking and CRC acknowledged the passing of
the Law on Adoption, at the same time recommending implementation of comprehensive
legislation to prevent sexual exploitation of children. The UPR noted that the Georgian Public
Defender (ombudsman) was accredited with “A” status for compliance with the Paris
Principles. CAT and CRC positively evaluated the work of the ombudsman. In terms of
comprehensive institutional and legislative plans, CEDAW expressed its concern about the
lack of a comprehensive approach to gender inequality, while CAT noted the action plans
aimed at improving the situation in prisons and preventing torture and trafficking in human
beings. CRC noted with regret that the 2008-2011 action plan to improve the child welfare did
not cover all the areas of the Convention. The Office of the High Commissioner for Human
Rights positively evaluated cooperation with the Georgian authorities, but at the same time
noted certain difficulties in Abkhazia and South Ossetia.
b. Equality and non-discrimination
Concerning equality and non-discrimination, the Office of the High Commissioner for
Human Rights (UNHCR), CEDAW, CRC and the United Nations Development Fund for
Women (UNIFEM) reported deeply rooted stereotypes concerning religion and the role of
women in the society, and the related patterns of discrimination against women and
widespread domestic violence. CRC raised the issue of birth registration and lack of
comprehensive legislation for children with disabilities.
47