Georgia 1995 Constitution (reviewed 2018)

Chapter Two. Fundamental Human Rights

Article 9. Inviolability of human dignity

1. Human dignity shall be inviolable and shall be protected by the State.
2. Torture, inhuman or degrading treatment, and the use of inhuman or degrading punishment shall be prohibited.

Article 10. Rights to life and physical integrity

1. Human life shall be protected. The death penalty shall be prohibited.
2. The physical integrity of a person shall be protected.

Article 11. Right to equality

1. All persons are equal before the law. Any discrimination on the grounds of race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds shall be prohibited.
2. In accordance with universally recognised principles and norms of international law and the legislation of Georgia, citizens of Georgia, regardless of their ethnic and religious affiliation or language, shall have the right to maintain and develop their culture, and use their mother tongue in private and in public, without any discrimination.
3. The State shall provide equal rights and opportunities for men and women. The State shall take special measures to ensure the essential equality of men and women and to eliminate inequality.
4. The State shall create special conditions for persons with disabilities to exercise their rights and interests.

Article 12. Right to free personal development

Everyone has the right to the free development of their personality.

Article 13. Human liberty

1. Human liberty shall be protected.
2. The deprivation or other restrictions of liberty shall only be permitted on the basis of a court decision.
3. An official authorised by law may arrest a person in cases defined by law. An arrestee shall be brought before a court of competent jurisdiction no later than 48 hours after being arrested. If the court does not adjudicate upon detention or any other restriction of liberty within the next 24 hours, the person shall be released immediately.
4. A person shall be informed of his/her rights and grounds for arrest immediately upon being arrested. A person may request the assistance of a lawyer immediately upon being arrested. This request must be satisfied.
5. The detention period for an accused person shall not exceed 9 months.
6. A violation of the requirements of this article shall be punished by law. A person whose liberty has been restricted unlawfully shall have the right to compensation.

Article 14. Freedom of movement

1. Everyone lawfully staying in Georgia shall have the right to move freely within the territory of the country, to choose a place of residence freely and to leave Georgia freely.
2. These rights may only be restricted in accordance with law, for ensuring national security or public safety, protecting health or administering justice, insofar as is necessary in a democratic society.
3. A citizen of Georgia shall be able to enter Georgia freely.

Article 15. Rights to personal and family privacy, personal space and privacy of communication

1. Personal and family life shall be inviolable. This right may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society.
2. Personal space and communication shall be inviolable. No one shall have the right to enter a place of residence or other possessions, or to conduct a search, against the will of the possessor. These rights may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society, based on a court decision or without a court decision in cases of urgent necessity provided for by law. In cases of urgent necessity, a court shall be notified of the restriction of the right no later than 24 hours after the restriction, and the court shall approve the lawfulness of the restriction no later than 24 hours after the submission of the notification.

Article 16. Freedom of belief, religion and conscience

1. Everyone has freedom of belief, religion and conscience.
2. These rights may be restricted only in accordance with law for ensuring public safety, or for protecting health or the rights of others, insofar as is necessary in a democratic society.
3. No one shall be persecuted because of his/her belief, religion or conscience, or be coerced into expressing his/her opinion thereon.

Article 17. Rights to freedom of opinion, information, mass media and the internet

1. Freedom of opinion and the expression of opinion shall be protected. No one shall be persecuted because of his/her opinion or for expressing his/her opinion.
2. Every person has the right to receive and impart information freely.
3. Mass media shall be free. Censorship shall be inadmissible. Neither the State nor individuals shall have the right to monopolise mass media or the means of dissemination of information.
4. Everyone has the right to access and freely use the internet.
5. The restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring the independence and impartiality of the judiciary.
6. The independence of the public broadcaster from state agencies and its freedom from political and substantial commercial influence shall be ensured by law.
7. The institutional and financial independence of the national regulatory body – established to protect media pluralism and the exercise of freedom of expression in mass media, prevent the monopolisation of mass media or means of dissemination of information, and protect the rights of consumers and entrepreneurs in the field of broadcasting and electronic communications – shall be guaranteed by law.

Article 18. Rights to fair administrative proceedings, access to public information, informational self-determination, and compensation for damage inflicted by public authority

1. Everyone has the right to a fair hearing of his/her case by an administrative body within a reasonable time.
2. Everyone has the right to be familiarised with information about him/her, or other information, or an official document that exists in public institutions in accordance with the procedures established by law, unless this information or document contains commercial or professional secrets, or is acknowledged as a state secret by law or in accordance with the procedures established by law as necessary in a democratic society to ensure national security or public safety or to protect the interests of legal proceedings.
3. The information contained in official records pertaining to an individual’s health, finances or other personal matters shall not be made available to anyone without the consent of the individual, except as provided for by law and as is necessary to ensure national security or public safety, or to protect public interests and health or the rights of others.
4. Everyone shall be entitled to full compensation, through a court, for damage unlawfully inflicted by the bodies of the State, the autonomous republics and local self-governments, or their employees, from state funds, the funds of the autonomous republics or the funds of local self-governments, respectively.

Article 19. Right to property

1. The right to own and inherit property shall be recognised and guaranteed.
2. This right may be restricted in cases defined by law and in accordance with the established procedure for the public interest.
3. The expropriation of property shall be admissible in cases of pressing social need as directly provided for by law, based on a court decision or in the case of urgent necessity established by the organic law, provided that preliminary, full and fair compensation is paid. Compensation shall be exempt from any taxes and fees.
4. As a resource of special importance, agricultural land may be owned only by the State, a self-governing unit, a citizen of Georgia or an association of citizens of Georgia. Exceptional cases may be determined by the organic law, which shall be adopted by a majority of at least two thirds of the total number of the Members of Parliament.

Article 20. Freedom of creativity, cultural heritage

1. Freedom of creativity shall be guaranteed. The right to intellectual property shall be protected.
2. Interference in the creative process and censorship in the field of creative activities shall be inadmissible.
3. The dissemination of a creative work may be prohibited only based on a court decision where such dissemination violates the rights of others.
4. Everyone has the right to take care of protecting cultural heritage. Cultural heritage shall be protected by law.

Article 21. Freedom of assembly

1. Everyone, except those enlisted in the Defence Forces or bodies responsible for state and public security, shall have the right to assemble publicly and unarmed, without prior permission.
2. The law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare.
3. Authorities may terminate an assembly only if it assumes an unlawful character.

Article 22. Freedom of association

1. Freedom of association shall be guaranteed.
2. An association may only be dissolved by its own or a court decision in cases defined by law and in accordance with the established procedure.

Article 23. Freedom of political parties

1. Citizens of Georgia shall have the right to form a political party and participate in its activities in accordance with the organic law.
2. Political party membership of persons enlisted in the Defence Forces or bodies responsible for state and public security, and those appointed as judges, shall cease.
3. The establishment and activity of a political party that aims to overthrow or forcibly change the constitutional order of Georgia, infringe on the independence or violate the territorial integrity of the country, or that propagates war or violence or incites national, ethnic, provincial, religious or social strife, shall be inadmissible. The establishment of a political party on a territorial principle shall be inadmissible.
4. The prohibition of a political party shall be admissible only by decision of the constitutional court, in cases defined by the organic law and in accordance with the established procedure.

Article 24. Electoral right

1. Every citizen of Georgia who has attained the age of 18 shall have the right to participate in referendums and elections of the bodies of the state, autonomous republics and local self-governments. The free expression of the will of a voter shall be guaranteed.
2. A citizen who, following a court judgment, is serving a sentence for a particularly serious crime in a penitentiary institution, or who has been recognised by a court decision as a beneficiary of support and admitted to an inpatient care facility, shall not have the right to participate in elections and referendums.

Article 25. Right to hold public office

1. Every citizen of Georgia shall have the right to hold any public office if the individual meets the requirements established by legislation. Conditions for civil service shall be determined by law.
2. The office of the President, the Prime Minister and the Chairperson of the Parliament of Georgia may not be held by a citizen of Georgia who is simultaneously the citizen of a foreign country.

Article 26. Freedom of labour, freedom of trade unions, right to strike and freedom of enterprise

1. Freedom of labour shall be guaranteed. Everyone has the right to freely choose their employment. The right to safe working conditions and other labour rights shall be protected by the organic law.
2. Everyone has the right to establish and join trade unions in accordance with the organic law.
3. The right to strike shall be recognised. The conditions and procedures for exercising this right shall be determined by the organic law.
4. Freedom of enterprise shall be guaranteed. Monopolistic activities shall be prohibited, except in cases permitted by law. Consumer rights shall be protected by law.

Article 27. Right to education and academic freedom

1. Everyone has the right to receive education and the right to choose the form of education they receive.
2. Pre-school education shall be guaranteed in accordance with the procedures established by law. Elementary and basic education shall be compulsory. General education shall be fully funded by the State, in accordance with the procedures established by law. Citizens shall have the right to state-funded vocational and higher education, in accordance with the procedures established by law.
3. Academic freedom and the autonomy of higher educational institutions shall be guaranteed.

Article 28. Right to the protection of health

1. The right of a citizen to affordable and quality health care services shall be guaranteed by law.
2. The State shall exercise control over all health care institutions and the quality of medical services, and shall regulate the production and circulation of pharmaceuticals.

Article 29. Right to environmental protection

1. Everyone has the right to live in a healthy environment and enjoy the natural environment and public space. Everyone has the right to receive full information about the state of the environment in a timely manner. Everyone has the right to care for the protection of the environment. The right to participate in the adoption of decisions related to the environment shall be ensured by law.
2. Environmental protection and the rational use of natural resources shall be ensured by law, taking into account the interests of current and future generations.

Article 30. Right to marry, rights of mothers and children

1. Marriage, as a union of a woman and a man for the purpose of founding a family, shall be based on the equality of rights and the free will of spouses.
2. The rights of mothers and children shall be protected by law.

Article 31. Procedural rights

1. Every person has the right to apply to a court to defend his/her rights. The right to a fair and timely trial shall be ensured.
2. Every person shall be tried only by a court that has jurisdiction over the case.
3. The right to defence shall be guaranteed. Everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. The unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law.
4. The defendant shall have the right to request that his/her witnesses be called and interrogated under the same conditions as the witnesses of the prosecution.
5. A person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court’s judgment of conviction that has entered into legal force.
6. No one shall be obliged to prove his/her innocence. The burden of proof shall rest with the prosecution.
7. A decision to commit an accused for trial shall be based on a reasonable belief, and a judgment of conviction shall be based on incontrovertible evidence. Any suspicion that cannot be proved in accordance with the procedures established by law shall be resolved in the defendant’s favour.
8. No one shall be convicted again for the same crime.
9. No one shall be held responsible for an action that did not constitute an offence at the time when it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility.
10. Evidence obtained in violation of the law shall have no legal force.
11. No one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law.

Article 32. Citizenship of Georgia

1. Georgia shall protect its citizen regardless of his/her location.
2. Citizenship of Georgia shall be acquired by birth or naturalisation. The procedures for acquiring and losing the citizenship of Georgia, the conditions and procedures for granting citizenship of Georgia to a foreign citizen and the conditions for holding citizenship of another state by a citizen of Georgia shall be determined by the organic law.
3. The deprivation of citizenship shall be inadmissible.
4. The expulsion of a citizen of Georgia from Georgia shall be inadmissible.
5. The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.

Article 33. Rights of aliens and stateless persons

1. Citizens of other states and stateless persons living in Georgia shall have rights and obligations equal to those of citizens of Georgia except in cases provided for by the Constitution and law.
2. The State shall be entitled to impose restrictions on the political activities of citizens of other states and stateless persons.
3. Georgia shall grant asylum to citizens of other states and stateless persons in compliance with universally recognised norms of international law, in accordance with the procedures established by law.
4. The expulsion or extradition of persons from Georgia in violation of universally recognised principles and norms of international law shall be inadmissible.

Article 34. General principles for ensuring fundamental human rights

1. The fundamental human rights referred to in the Constitution, in terms of their contents, shall also apply to legal persons.
2. The exercise of fundamental human rights shall not violate the rights of others.
3. The restriction of a fundamental human right shall be commensurate with the significance of the legitimate aim that it serves.

Article 35. Public Defender of Georgia

1. Supervision of the protection of human rights within the territory of Georgia shall be exercised by the Public Defender of Georgia, who shall be elected for a term of 6 years by a majority of at least three fifths of the total number of the Members of Parliament. The same person shall not be elected as a Public Defender consecutively.
2. Hindering the activities of the Public Defender shall be punishable by law.
3. The arrest or detention of the Public Defender, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the consent of Parliament, except if the Public Defender is caught at the crime scene, in which case Parliament shall be notified immediately. In such cases, the Public Defender shall be released immediately unless Parliament consents to the detention.
4. The powers of the Public Defender shall be defined by the organic law.