Law of Georgia on Gender Equality

LAW OF GEORGIA

ON EQUALITY BETWEEN MEN AND WOMEN

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Chapter I - General Provisions

Article 1 - Scope of the Law

This Law defines fundamental guarantees for equal rights, freedoms and opportunities provided for in the Constitution of Georgia; it also determines legal mechanisms and means for their implementation in the relevant fields of public life.

Article 2 - The purpose of the Law

The purpose of this Law is to ensure that no discrimination is identified in any aspect of public life; to create proper conditions for the implementation of equal rights, freedoms and opportunities for men and women; to prevent and eliminate any discrimination.

Article 3 - Definition of terms used in this Law

1. The terms used in this Law shall have the following meanings:

a) (deleted – 2.4.2025, No 428);

b) equality between men and women - a part of human rights which implies equal rights and duties, responsibilities and equal participation of men and women in all fields of personal and public lives;

c) discrimination - actions determined by sub-paragraphs (d) and (e) of this paragraph;

d) direct discrimination – such treatment or creation of conditions that, when exercising the rights established by the legislation of Georgia, places a person at a disadvantage on grounds of sex compared to persons of the other sex in similar circumstances or places persons in essentially unequal circumstances on an equal footing, except in cases where such treatment or creation of conditions serves a purpose defined by law for the protection of public order and morality, has an objective and reasonable justification and is necessary in a democratic society, and the means used are proportionate to achieving such purpose.

e) indirect discrimination - a situation where a provision, criterion or practice, which is neutral in form and discriminatory in substance, places a person at a disadvantage on grounds of sex compared to persons of the other sex in similar circumstances or puts persons in essentially unequal circumstances on an equal footing, except in cases where such a situation serves an aim defined by law for the protection of public order and morality, has an objective and reasonable justification and is necessary in a democratic society, and the means used are proportionate to achieving such aim.

f) special measures - measures which are intended to remedy the consequences of discrimination and are intended for a circle of persons requiring special protection due to their sex;

g) equal opportunities - a system of means and conditions for achieving equality of rights and freedoms for men and women;

h) equal treatment - recognition of equal rights and opportunities for both sexes in family relations and other aspects of social and political life when determining education, labour and social conditions, as well as the inadmissibility of discrimination on the grounds of sex.

2. Any other term used herein shall have the meaning determined by the legislation of Georgia, unless otherwise provided.

Law of Georgia No 2394 of 2 May 2014 - website, 7.5.2014

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Chapter II - Guarantees for Equality between Men and Women

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 4 - Guarantees for equality between men and women

1. The State shall support and ensure equal rights for men and women in political, economic, social and cultural life. It shall further ensure the promotion of substantive equality between women and men and the elimination of de facto inequalities.

2. To guarantee equality between men and women, the following shall be ensured without discrimination:

a) equal individual rights and freedoms of men and women;

b) equal access to education for men and women and free choice of education at any stage of learning;

c) equal rights of spouses;

d) equal rights and duties in matters relating to children;

e) equal rights and duties of men and women with regard to guardianship, wardship, trusteeship, or adoption of children;

f) supporting elimination of violence in families and society;

g) free choice of profession or career, promotion, vocational training/retraining;

h) assumption of public office based on professionalism, skills and qualifications;

i) equal treatment in evaluation of the quality of work of men and women;

j) equal social security for men and women in the cases of illness and determination of the status of persons with disabilities;

k) creation of equal opportunities for men and women to receive health care;

l) creation of equal opportunities for men and women to have access to information.

3. The legislation of Georgia on equality between men and women is based on the Constitution of Georgia, treaties and international agreements of Georgia, this Law and other normative acts.

Law of Georgia No 2432 of 15 December 2022 - website, 23.12.2022

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 5 - Keeping statistics in the field of equality between men and women

Official statistical reports on issues related to equality between men and women shall contain sex-disaggregated data.

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 6 – Equality between men and women in labour relations

1. The following shall not be allowed in labour relations:

a) harassment of a person – sexual harassment, coercion and / or undesirable behaviour in relation to a person aimed at or causing harm to a person's dignity and creating an intimidating, hostile, humiliating, degrading, or offensive environment;

b) sexual harassment - any unwanted verbal, non-verbal or physical behaviour of sexual nature with the purpose or effect of violating the dignity of a person or creating an intimidating, hostile, or offensive environment.

2. The State shall provide equal employment opportunities for men and women.

3. During recruitment and in the course of employment persons may be put in unequal conditions and/or given priority over others on the basis of sex due to the substance and specificity of work or due to specific conditions required for its performance, and also if it serves a legitimate purpose and is appropriate and necessary for achieving that purpose.

4. The legislation of Georgia shall ensure creation of favourable working conditions for pregnant women and nursing mothers which excludes their work in hard, harmful and dangerous environment, as well as at night.

Law of Georgia No 2394 of 2 May 2014 - website, 7.5.2014

Law of Georgia No 4282 of 19 February 2019 - website, 25.2.2019

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 7 - State guarantees for equality between men and women in the field of education and science

1. Everyone shall have the right to freely choose a profession and speciality according to their abilities. Such equality shall be ensured through equal access, without discrimination, to general, vocational and higher education.

2. The State shall ensure that equal conditions are created for men and women to acquire general, vocational and higher education in all kinds of educational establishments, and to participate in educational and scientific processes.

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 8 - Equal access to information resources

State and local self-government bodies and legal entities under public law are obliged, as prescribed by the legislation of Georgia, to provide equal access to receiving public information held by them irrespective of gender diversity of interested persons.

Law of Georgia No 6943 of 15 July 2020 - website, 28.7.2020

Article 9 – Ensuring equality between men and women in health care and social security

1. General and equal access to medical care shall be provided to the population without discrimination.

2. Special measures taken for promoting the health care of mothers and children, family planning and protecting women’s reproductive rights, also, state policy protecting pregnant women and maternity and other measures taken on the basis of peculiarities of sex shall not be considered discriminatory.

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 9¹ – Ensuring equality between men and women during the supply of goods and provision of services and their availability

The provision and availability of any goods or services, including financial services, shall be ensured without discrimination on the grounds of sex. During the provision of insurance services, the use of sex as a risk factor, as well as pregnancy / maternity factors shall not make any difference in the determination of insurance premiums and amounts of insurance compensation.

Law of Georgia No 4282 of 19 February 2019 - website, 25.2.2019

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 10 - Ensuring equality between men and women in family relations

1. In family relations, during marriage and its dissolution, men and women shall have equal personal and property rights, including the right to choose a family name, profession and occupation. Their responsibilities shall be equal as well. Discrimination or preference related to rights and duties shall not be allowed in family relations.

2. Men and women shall have equal rights in the family to independently solve issues related to participation in labour and public activities.

3. Spouses shall solve child-rearing and other family issues based on mutual agreement. Spouses shall be guaranteed and provided with equal opportunities in their occupations and child-rearing.

4. Spouses shall have equal rights and duties in household chores.

5. Spouses shall have equal rights to own, acquire, manage, enjoy, and administer property.

6. Spouses shall have equal rights to participate in recreational activities and in all aspects of cultural life.

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 11 - Guarantees for equal suffrage

1. Everyone shall have the right to participate in elections on equal terms without discrimination.

2. Both men and women shall have equal rights to be elected to a representative body.

3. Men and women may be elected on equal terms without discrimination.

Chapter III - Monitoring the Protection of Equality between Men and Women

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 12 – Ensuring equality between men and women by the Parliament of Georgia and the Government of Georgia

1. The Parliament of Georgia, in accordance with the Constitution of Georgia, the International Agreements and other legislative acts and subordinate normative acts of Georgia, shall define basic trends of the state policy in the field of equality between men and women, ensure the development and implementation of the legislative framework in the field of equality between men and women, review and approve appropriate strategy and monitor the activities of the bodies accountable to the Parliament of Georgia in the field of equality between men and women.

2. (Deleted – 2.4.2025, No 428).

3. (Deleted – 06.12.2018, No 3877).

4. (Deleted – 06.12.2018, No 3877).

5. (Deleted – 06.12.2018, No 3877).

6. The Government of Georgia shall establish the Interagency Commission on Equality between Men and Women, Violence Against Women and Domestic Violence in order to ensure systematic and coordinated work on equality between men and women, and other issues provided for by the legislation of Georgia. The composition, status, functions, powers and procedure for activity of the Interagency Commission shall be determined by the Regulations of the Interagency Commission, which shall be approved by the Government of Georgia

Law of Georgia No 5069 of 28 April 2016 - website, 13.5.2016

Law of Georgia No 780 of 4 May 2017 - website, 25.5.2017

Law of Georgia No 3877 of 6 December 2018 - website, 14.12.2018

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 12¹ – (Deleted)

Law of Georgia No 2290 of 17 April 2014 - website, 28.4.2014

Law of Georgia No 3877 of 6 December 2018 - website, 14.12.2018

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 12² - Ensuring equality between men and women by the authorities of the Autonomous Republics of Abkhazia and Ajara

1. The authorities of the Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara, in accordance with the legislation of Georgia and the legislation of the respective autonomous republic, shall develop and implement measures to ensure the detection and elimination of discrimination in the respective autonomous republic.

2. The highest representative body of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara shall establish a Council on Women and Children's Issues in accordance with the legislation of Georgia and the legislation of the respective autonomous republic in order to ensure systematic work on women and children's issues in the respective autonomous republic and coordinated work with the Interagency Commission on Equality between Men and Women, Violence Against Women and Domestic Violence established by the Government of Georgia. The composition, status, functions and powers of the Council shall be determined by the regulations of the highest representative body of the relevant autonomous republic and the statute of the Council working on women's and children's issues, which shall be approved by the highest representative body of the relevant autonomous republic.

Law of Georgia No 1050 of 12 November 2025 - website, 17.11.2025

Article 13 - Ensuring equality between men and women by municipalities

1. Municipality bodies, in accordance with the Constitution of Georgia, the International Agreements of Georgia, the Organic Law of Georgia - Local Self-Government Code, this Law and other legislative acts of Georgia, and in accordance with the normative administrative-legal acts of the municipal Sakrebulo (municipal assembly) shall develop and carry out activities to ensure detection and elimination of discrimination locally.

1¹. The municipal Sakrebulo shall establish the municipal Council for Equality between Men and Women to ensure systematic work on the issues related to ensuring equality between men and women within the municipality and the coordinated collaboration with the Standing Parliamentary Council on Equality between Men and Women established by the Parliament of Georgia; the composition, status, functions and authorities of the Council shall be determined by the Rules of Procedure of the municipal Sakrebulo and by the Statute of the municipal Council for Equality between Men and Women, which shall be approved by an appropriate Sakrebulo.

1². A municipality mayor shall designate a public servant responsible for the issues related to the equality between men and women in an appropriate City Hall to study issues related to equality between men and women, schedule activities to be performed and to coordinate appropriate measures within the municipality.

2. The budget of municipalities, priorities of social and economic development, municipal programmes and plans shall be developed in such a way that any form of discrimination is excluded.

3. State bodies, within the scope of their authority, shall provide organisational, informational, and other kinds of assistance to municipalities in order to prevent discrimination in their activities and to protect universally recognised human rights and freedoms.

Law of Georgia No 1964 of 5 February 2014 - website, 19.2.2014

Law of Georgia No 5069 of 28 April 2016 - website, 13.5.2016

Law of Georgia No 1260 of 26 July 2017 - website, 29.7.2017

Law of Georgia No 3877 of 6 December 2018 - website, 14.12.2018

Law of Georgia No 6943 of 15 July 2020 - website, 28.7.2020

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Article 14 - Powers of the Public Defender of Georgia with respect to ensuring equality between men and women

1. The Public Defender of Georgia, within the scope of his/her powers, shall monitor the ensuring of equality between men and women, and provide appropriate response measures in the cases of violation of equality between men and women.

2. The Public Defender of Georgia shall exercise powers granted to him/her by the Organic Law of Georgia on the Public Defender of Georgia in order to ensure the equality between men and women.

Law of Georgia No 428 of 2 April 2025 - website, 4.4.2025

Chapter IV - Transitional and Final Provisions

Article 15 - Measures to be taken regarding the entry into force of this Law

State and local self-government bodies shall, if necessary, perform analysis of normative acts in the field of their activities within six months after this Law enters into force.

Article 16 - Entry into force

This Law shall enter into force upon promulgation.

President of Georgia                                           M. Saakashvili

Tbilisi

26 March 2010

No 2844–I ს