30.10.2007 - Source: Amnesty International

Women in Georgia continue to be subjected to domestic violence on a regular basis; Caucasus Women’s Research and Consulting Network reported that 5.2 per cent of women experienced frequent physical abuse by their partner ("Briefing to the United Nations Human Rights Committee [EUR 56/008/2007]") [ID 21486]

"

Amnesty International is deeply concerned that thousands of women in Georgia continue to be subjected to domestic violence on a regular basis. They are hit, beaten, raped, and in some cases even killed. Other forms of domestic violence include deprivation of economic necessities and verbal and psychological abuse. Violence in the family is also often directed against elderly people and children.

A study by the non-governmental organization (NGO) Caucasus Women’s Research and Consulting Network, published in 2006, reported that 5.2 per cent of women experienced frequent physical abuse by their partner, adding to the data produced by UN Population Fund studies in Georgia in 1999 and 2005 which found that five per cent of women reported physical abuse."

Document(s): Open document

06.2007 - Source: Freedom House

Georgian authorities acknowledged the issue of violence against women and in June passed the first law on domestic violence; it allows victims to file immediate protective orders against their abusers; there are no laws that specifically criminalize spousal abuse ("Freedom in the World 2007") [ID 20427]

"Societal violence against women is a problem. The Georgian authorities have acknowledged the issue of violence against women and in June passed the first law on domestic violence, which among other provisions allows victims to file immediate protective orders against their abusers and police to issue a temporary restrictive order against persons suspected of abusing a family member.

While there are no laws that specifically criminalize spousal abuse or violence against women, the Criminal Code classifies rape, including spousal rape, and sexual coercion as crimes."

Document(s): Open document

23.05.2007 - Source: Amnesty International

New law on domestic violence postpones the setting up of shelters for women and children; widespread impunity of perpetrators of domestic violence, insufficient measures and services to protect victims; no functioning cross-referral system between authorities ("Annual Report 2007") [ID 20121]

"Violence against women by their partners and former partners included verbal and psychological abuse, physical and sexual violence, and killings. Most frequently, women were beaten, hit and kicked, but they were also burned with cigarettes, had their heads bashed against walls, or were raped. T

he authorities did not gather comprehensive statistics on domestic violence. A study by the non-governmental Caucasus Women's Research and Consulting Network reported that 5.2 per cent of women had experienced frequent physical abuse by their partner, adding to the data produced by UN Population Fund studies in Georgia in 1999 and 2005 which found that 5 per cent of women reported physical abuse.

Among obstacles to eradicating domestic violence were the widespread impunity enjoyed by its perpetrators, and insufficient measures and services to protect victims such as temporary shelters and adequate, safe housing. The authorities also failed to ensure a functioning cross-referral system between health workers, crisis centres, legal aid centres, and law enforcement authorities, or to provide mandatory government training programmes for police, procurators, judges and medical staff.

The adoption by parliament in May of a new law on domestic violence was an important step in meeting the government's obligations to prevent abuses and protect survivors. The law introduced a definition of domestic violence in domestic legislation, and a legal basis for issuing protection and restraint orders. However, implementation of the provision for temporary shelters for victims of domestic violence was postponed until 2008. Also, a plan outlining measures and activities necessary to implement the law, which should have been approved within four months of the law's publication, had not been approved by the end of 2006.

In August the UN Committee on the Elimination of Discrimination against Women was concerned that the provision of the new domestic violence law to set up shelters for women and children had been postponed, that there was a lack of official data on domestic violence, and that domestic violence may still be considered a private matter. The Committee urged that a national action plan to combat domestic violence be completed and implemented, and recommended that a properly resourced mechanism be given the necessary powers to promote gender equality and monitor its practical realization. It also recommended strengthening the protection of victims; data collection, research and evaluation of measures taken; training; and public awareness raising."

Document(s): Open document

06.03.2007 - Source: US Department of State

The police rarely arrested or punished perpetrators of domestic violence; Women, victimized by domestic violence, rarely reported it; there are no maintained statistics on domestic violence cases ("Country Report on Human Rights Practices 2006") [ID 19330]

"The government acknowledged that domestic violence was a widespread problem. Women victimized by domestic violence, however, rarely reported it because of social taboos and because previously it was not illegal. The police rarely arrested or punished perpetrators of domestic violence. From August 2005 to January, the police responded to 466 reports of domestic violence. Neither the prosecutor general's office nor the courts maintained separate statistics on domestic violence cases, so it was not possible to track outcomes of these reports. A local NGO operated a hotline and a shelter for abused women, although services at the shelter were limited due to a lack of funding and facilities."

Document(s): Open document

06.03.2007 - Source: US Department of State

Women's access to the labor market improved; women remained primarily confined to low-paying and low skilled positions; as a result, many women sought employment abroad ("Country Report on Human Rights Practices 2006") [ID 19331]

"Women's access to the labor market improved; however, women remained primarily confined to low-paying and low‑skilled positions, regardless of professional and academic qualifications, and salaries for women lagged behind those for men. As a result, many women sought employment abroad. According to the UN Development Program, employers frequently withheld benefits connected to pregnancy and childbirth."

Document(s): Open document

06.02.2007 - Source: Council of Europe - Parliamentary Assembly

Report on situation of women in Azerbaijan, Armenia and Georgia (participation in public and political life, discrimination in employment, health, violence against women, refugee and displaced women, women prisoners) ("The situation of women in the South Caucasus [Doc. 11178]") [ID 19185]

Document(s): Open document

27.09.2006 - Source: Radio Free Europe/Radio Liberty

According to NGO Coalition of Caucasian Women, every fourth woman is victim of domestic violence; total number of shelters for women in country is 2 ("Georgia: Government Urged To Combat Domestic Violence") [ID 17350]

Document(s): Open document

25.09.2006 - Source: Amnesty International

Report on violence against women in the family (defining violence against women; domestic law; obligations under international human rights law and standards; protection of victims of domestic violence; dimensions of violence against women in the family; police response; health care system; need for shelters; widespread impunity) ("Thousands suffering in silence: Violence against women in the family [EUR 56/009/2006]") [ID 17346]

According to CEDAW family violence is a widespread problem in Georgia; Amnesty International says Georgia`s 2006 Law on Domestic Violence is an important step; many women do not report domestic violence, since they do not believe police would help them; in some cases impunity of perpetrators was shown

"According to a recent submission by the Georgian government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), "family violence is one of the most widespread problems in Georgia". [O]ther family members such as the elderly or children also frequently become victims of violence in families. [...] Amnesty International is [...] concerned about the widespread impunity of perpetrators of domestic violence in Georgia; insufficient measures and services to protect the victims of domestic violence including temporary shelters, adequate and safe housing; the absence of a functioning cross-referral system with regard to domestic violence cases between different agencies such as health workers, crisis centres, legal aid centres, and law enforcement authorities; the lack of mandatory government training programmes for police, procurators, judges and medical staff; and the failure to date by key players such as law enforcement officers and the courts to record cases of domestic violence in a systematic manner and to create reliable and comprehensive statistics disaggregated by sex and indicating the relationship between victim and perpetrator. Amnesty International considers that the adoption by the Georgian Parliament on 25 May 2006 of the Law of Georgia on Combating Domestic Violence, Prevention of and Support to Its Victims (Law on Domestic Violence), that was drafted following extensive consultation with non-governmental organizations (NGOs), was an important step forward in meeting the government’s obligations to prevent domestic violence and to protect survivors of such violence. [...] The law introduces for the first time a definition of domestic violence into Georgian legislation. In addition, it provides a legal basis for the issuance of protection and restraint orders and stresses the need to set up temporary shelters for victims of domestic violence and rehabilitation centres for batterers. The law also stipulates that a special plan outlining measures and activities necessary to implement the law shall be approved by the government within four months after the law’s publication. [...] A major drawback of the law, however, is that while stipulating that temporary shelters for victims of domestic violence should be set up, the implementation of this provision has been postponed until 2008. [...] [T]here is still no law specifically criminalizing rape in marriage; the government has not put in place regular and comprehensive training on domestic violence for law enforcement officials and agencies; and the authorities have not collected comprehensive statistical information on domestic violence.[...]

The full extent of the problem in Georgia is not known. [...] Only a small number of women who are believed to have been subjected to domestic violence call the police. According to statistics compiled by the patrol police covering all regions of Georgia except for those territories currently outside the control of the Georgian government, they were approached for help 3,254 times in 2005 in relation to violence in the family. During the first two months of 2006 they registered 670 calls. It is not known how many cases relate specifically to violence against women and there is no further information as to the nature of the cases. Reportedly, the majority of night calls to patrol police are related to domestic violence. [...] A very small percentage of women call the police for help when they are subjected to domestic violence. According to the CWN study, while every seventh or eighth woman has considered calling the police to protect herself from physical domestic violence (13.1 per cent), only 1.8 per cent of all women interviewed actually approached the police. According to the 2005 RHS, five per cent had reported domestic physical abuse to the police.
The reasons why women do not call the police include feeling ashamed for having to turn to outside help and lack of confidence that police could provide a constructive solution. [...]
During Amnesty International’s fact-finding visit to Georgia in April 2006, the organization learnt of many cases demonstrating that reactions of police to domestic violence have been mixed. Often police officers share the attitude prevalent in society that domestic violence is a "family matter" and should therefore be dealt with inside the family. In many cases police believe that the woman "provoked" the violence and advise her to avoid beatings in the future by "complying" better with her partner’s demands.
For example, Rusudan from a village in Western Georgia reportedly called the police several times because her husband used to beat her severely. According to the Anti-Violence Network of Georgia, once when she went to the police station to ask for help, the officer told her to go home and not "provoke" any confrontations with her husband. She ran away from home several times, but her relatives always brought her back.
In other cases officers of the patrol police have come to the family house/flat and tried to calm down the batterer, sometimes taking him for a ride in the police car or to the police station for several hours. When he returns home the beatings often continue to "punish" the female partner for having called the police.
In some cases police reportedly did not react to calls about domestic violence at all, especially when they had frequently received calls from the same family where previous police interventions had not changed the situation. [...]
Amnesty International also learnt of cases where police took women to the shelter of the NGO Anti-Violence Network of Georgia to protect them from further beatings. In another case police protected a woman, who had fled to the shelter with her four children in 2004, from her violent husband. [...]

The law also gives powers to police and first instance courts to issue temporary protection measures. Police are entitled to issue restraint orders on abusers. The order has to be submitted to the court for approval within 24 hours. First instance courts are entitled to issue protection orders except in those cases where there are grounds to instigate a criminal case against the abuser, in which case the suspect would be detained. If the abuser violates the conditions outlined in the restraint or protection orders he shall be brought to criminal responsibility. According to Article 12, "protection orders may be annulled based on a court decision if the parties concerned reconcile and jointly address the court requesting that the order be abolished". [...]

According to the information available to Amnesty International, relatively few cases of domestic violence come to court. The criminal cases that are opened typically involve particularly serious physical injury or death.[...]

In cases where women want to see their husbands brought to justice, those in the criminal justice system reportedly often do not pursue the case appropriately.
Tinatin is not married but has lived with her partner in a village near Tbilisi since 2000. According to the NGO Centre for Protection of Constitutional Rights, he started to beat her several months after they moved in together; the frequency of the beatings increased until he beat her every day. He reportedly also subjected her to sexual violence. Tinatin allegedly turned to the police many times. [W]hen her partner found out that she had called the police he became even more violent and continued to beat her after the police had left. [S]he reportedly urged the police to open a criminal case against him. According to Sasha Noselidze of the NGO Centre for Protection of Constitutional Rights that took up Tinatin’s case, the police only reacted "symbolically" to her request to open a criminal case against her partner but in fact took steps to ensure that the case would be closed. Reportedly, police did not question any of the neighbours and forged the testimony of one neighbour. This testimony was believed to have subsequently been used as the basis to close the case. Tinatin suspects that police did not act on her complaints in an appropriate manner and covered up for her partner’s crime because he has close connections with police officers in the area. Tinatin continues to live with her partner as she has nowhere else to go. [...]
"

Document(s): Open document

09.2006 - Source: World Organisation Against Torture

There are several state institutions dealing with women's rights in Georgia; despite some implementations of international treaties, concrete mechanisms for gender equality are still missing ("Human Rights Violations in Georgia; Alternative Report to the United Nations Committee Against Torture") [ID 17916]

"In Georgia, there are specific government institutions which promote and protect women’s rights: The Gender Equality Advisory Council under the chairperson of the Parliament of Georgia has been established with the financial support of the United Nations Development Programme [...]. The State Commission on Gender Equality Issues was established on 28 June 2005, under the Order N 109 of the Government of Georgia. It is composed of various State officials. [...] The National Commission on the Improvement of Women’s Status was created in the National Security Council of Georgia in 1998 with the purpose of protecting women’s rights and promoting their participation and activism. [...]   Two other institutional mechanisms of gender equality were created in Georgia in 2005: The Parliamentary Council of Gender Equality, which is under the supervision of the Chairman of Parliament and the State Commission on Gender Equality; and the Advisory Council composed of experts working on gender equality which cooperates with the Commission. [...] After Georgia adopted the Convention on the Elimination of All Forms of Discrimination against Women several measures were implemented pursuant to Article 2 of the Convention which obliges States parties to take measures to achieve real equality between women and men. The Government of Georgia created: a Special Group on Children and Women’s Issues within the institution of the Ombudsman, the State Commission on Women’s Development in cooperation with the United Nations Development Programme and the World Bank. The goal of all above mentioned instruments and mechanisms is to improve the status of women’s rights. In reality, the government did not develop the National Concept of Gender Equality. The political strategy on gender integration is not developed and the concrete mechanisms ensuring gender equality have not been created. There are no strictly determined reporting procedures on gender issues. In addition to this, often the representatives of State institutions are not informed of the international obligations that need to be taken into consideration during the decision making process and their implementation."

Document(s): Open document

11.08.2006 - Source: EurasiaNet

New law on domestic violence explicitly defines crimes committed within family framework as full-fledged crimes, and provides for a system of protective orders that supporters say will give police an effective tool to deal with domestic violence ("New Law Targets Domestic Violence") [ID 17246]

Document(s): Open document

01.08.2006 - Source: World Organisation Against Torture

New law on domestic violence does not deal with issues such as rape within family, incest and bride kidnapping; according to statistics 1,466 cases of domestic violence were identified in last 4 months of 2005 ("Violence against Women in Georgia") [ID 15869]

"Legal framework on domestic violence There is no legislation in Georgia that criminalizes domestic violence. The Criminal Code of Georgia in its Articles 117 and 118 punishes deliberate grave and less grave damage to health, but these articles are very general. They do not take into the account the fact that such violence may happen among family members, who depend on each other emotionally and financially. In addition this law does not mention psychological violence towards a woman. [...] An activity plan to combat and prevent domestic violence for the years 2006-2008 has been set up. [...] One of the measures taken by the government so far is the creation of hotlines for victims of domestic violence however there are no such services assisting women victims of rape and other types of sexual violence. The Georgian Young Lawyers Association (GYLA) in cooperation with other non-governmental organizations and representatives of different governmental bodies prepared a draft law on domestic violence with the technical and financial support of the American Bar Association (see Appendix I). This law on “Prevention of Domestic Violence, Protection of and Assistance to Victims” was enacted on June 9, 2006. [...] During private discussions with victims it was identified that they are waiting for effective application of the law and have great expectations in regard to protection and assistance from the state. Therefore, one can say that domestic violence cases will be filed soon in courts. However the lack of shelters and rehabilitation centres will inhibit full implementation of the new legislation and will decrease the self-confidence of victims. According to Article 22 of the law, Chapter VI concerning Social and Labour Guarantees for Victims of Domestic Violence and Abusers’ Rehabilitation Measures shall be enacted from January 1, 2008. Moreover, the full execution of the law is linked to financial resources since the opening of shelters and rehabilitation centres require considerable expenses the state cannot afford now and necessary funds are not envisaged in the state budget. [...] Rape within the family: There is no specific article in the Criminal Code of Georgia that regulates rape within the family. [R]ape of a woman or forcing her into sexual contact by a husband is not considered to be a crime and often they are forced to live with the abuser. Naturally it is very hard for a woman to go to the police in such cases, especially when the police cannot qualify this action as a crime according to the Criminal Code of Georgia. Marital rape remains a hidden crime in Georgia. Incest: Incest – just as marital rape – is not punishable according to the Criminal Code of Georgia. Incest is another hidden crime in Georgian society and statistical data are almost inexistent. Bride Kidnap: Bride kidnap is a widespread form of marriage in Georgia, mostly in the regions. In most cases this is flee but in a case of kidnap it happens against the wish of the woman. It can sometimes be followed by rape, which remains unpunished as any form of marital rape. There is no specific article under the subheading of bride kidnap but such acts practically fall under article 143 of the Criminal Code on illegal deprivation of liberty. Unfortunately the new law did not respond to the need to explicitly forbid or include aggravating circumstances that characterise the practice of marital rape, incest and bride kidnap in Georgian legislation.   III.2. Statistical data on domestic violence According to statistics provided by the department of patrol police, from August 1, 2005, until January 1, 2006, (during 4 months) 1,466 cases of domestic violence were identified. [...] Information provided by the Patrol Police exceeded all expectations. As of August 2005 to January 1 of 2006 (4 months only) 1 466 cases of domestic violence (conflicts) were recorded, to which the Patrol Police had to react. [...] The regional prosecutor’s office informed that in 2005, 73 complaints (claims, notifications) were filed with district prosecutors’ offices located in Imereti, Guria and Racha-Lechkhumi-Kvemo Svaneti, and investigative bodies: - Out of the 73 complaints 11 concerned premeditated murders, where 9 cases were referred to courts and 2 are under investigation. 3 murders were committed in Zestaponi, 3 in Chiatura and 2 in Kutaisi, 1 in Ozurgeti, 1 in Ambrolauri and 1 in Tsageri. In 3 cases a husband killed a wife, in 3 cases a brother killed another brother, in 1 case a father murdered his child, 1 case of murdering parents, 1 case of murdering a grandmother and 1 case - a man killed his girlfriend. - Out of the aforementioned cases, 4 concerned murder attempts, 3 cases were referred to courts and 1 is under investigation. In each case either a wife killed a husband, or vice versa; or a son-in-law killed a father-in-law or vice versa. - 2 cases concerned deliberate physical injuries (Article 117 of the CPC); one case was referred to the court, and the other one is being investigated.  "

Document(s): Open document

15.06.2006 - Source: Institute for War and Peace Reporting

Samtskhe-Javakheti: Ancient tradition of bride-stealing undergoes revival despite tougher legislation and efforts by women’s rights groups ("Bride Theft Rampant in Southern Georgia") [ID 15545]

Document(s): Open document

08.03.2006 - Source: US Department of State

Prostitution is criminal offence but is widespread; reportedly it increased during 2005; trafficking of women for sexual exploitation remains problem; new antitrafficking unit was created which made arrests in 5 cases; Georgia is primarily transit country or country of origin for trafficked persons ("Country Report on Human Rights Practices 2005") [#46144], [ID 5249]

"Prostitution is a criminal offense but was widespread, especially in Tbilisi. Several NGOs claimed that prostitution increased during the year due to continuing poor economic conditions.
Trafficking in women for the purpose of sexual exploitation was a problem. [...]
On January 3, a new antitrafficking and illegal migration unit (ATIM) was created within the MOIA. In its first year of existence, the ATIM made arrests in five trafficking cases, one of which included a government official.
In January the new ATIM arrested Georgian members of an international trafficking operation, involving Georgia, Turkey, and Azerbaijan, which had actively recruited impoverished women. Women were sent to Azerbaijan where they were confined, injected with drugs, and sexually abused before being trafficked back through Georgia to Turkey for forced prostitution. Victims were eventually returned to Tbilisi after their Turkish tourist visas expired. The local leader of the operation was incarcerated pending prosecution, and the case continued at year's end. [...]
Ashot Hovhannesian, charged in 2004 with organizing a trafficking network and seeking to traffic 14 Uzbek women to Dubai, was sentenced to five years' imprisonment. The sentence was suspended due to many victims' unwillingness to testify. [...]
The extent of trafficking was not large, and the country was primarily a transit country, country of origin, and very rarely a destination, for trafficked persons. Women were trafficked from the country to Turkey, Greece, the United Arab Emirates, the US, and Western Europe to work in hotels, bars, restaurants, or as domestic help. Many worked in the adult entertainment sector or as prostitutes. There also was evidence that Ukrainian and Uzbek women, as well as women from other countries of the former Soviet Union, were trafficked through the country to Turkey, sometimes using fraudulently obtained passports. Georgian victims most likely came directly from Tbilisi or the impoverished former industrial centers of Poti, Kutaisi, and Rustavi."

Document(s): Open document

01.2006 - Source: Human Rights Center

Domestic violence against women is grave problem and taboo; no possibility of redress is available for women; police will usually not tamper with the affair and there is no institutional arrangement to support the women ("Next Stop – Belarus?; Human Rights Report 2005; Georgia") [#43007], [ID 5251]

For documentation of individual cases please refer to the original document

"If there is one grave problem in Georgia that is insufficiently highlighted it must be domestic violence against women. Serious not only is the perceived magnitude of the problem, but also that it is a ‘non issue’, a taboo. Everyone knows, but nobody speaks about it. The reigning mentality makes problems within family life undiscussable. Women who have fallen victim to domestic violence, have no possibility of redress; the police (who besides are usually male) will not mingle in the affair and no effective institutional arrangement exists for the support of their support."

Document(s): Open document

08.2005 - Source: Freedom House

Societal violence against women is a problem; spousal violence is not specifically criminalized ("Freedom in the World 2005") [#41311], [ID 5253]

"Societal violence against women was a problem. While there are no laws that specifically criminalize spousal abuse or violence against women, the Criminal Code classifies rape, including spousal rape, and sexual coercion as crimes. Georgian law prohibits trafficking in persons; however, the country was a source, transit point, and destination for trafficked persons"

Document(s): Open document

28.02.2005 - Source: US Department of State

Spousal abuse or violence against women not specifically criminalized by law ("Country Report on Human Rights Practices 2004") [#29503], [ID 5254]

"Societal violence against women was a problem. There are no laws that specifically criminalize spousal abuse or violence against women, although the Criminal Code classifies rape, including spousal rape, and sexual coercion as crimes. In 2003, 795 crimes were registered against women, including 18 murders, 24 attempted murders, 52 rapes, and 41 attempted rapes; the remainder consisted of battery, assault and lesser crimes. Domestic violence was reportedly one of the leading causes of divorce but was rarely reported or punished because of social taboos and because it is not illegal according to the Criminal Procedural Code. Police did not always investigate reports of rape. A local NGO operated a shelter for abused women, and the Government operated a hotline for abused women but did not provide other services.

The kidnapping of women for marriage occurred, particularly in rural areas, although the practice continued to decline. Such kidnappings often were arranged elopements; however, at times abductions occurred against the will of the intended bride and sometimes involved rape. Police rarely took actions in these cases even though the Criminal Code criminalizes kidnapping.

Prostitution is not a criminal offense. Prostitution was widespread, especially in the capital of Tbilisi. Several NGOs claimed that prostitution increased during the year, due to continuing poor economic conditions. Trafficking in women for the purpose of sexual exploitation was a problem (see Section 5, Trafficking).

Sexual harassment and violence against women in the workplace was a problem. The law prohibits sexual harassment in the workplace; however, it was rarely investigated.

The Constitution provides for the equality of men and women; however, in practice, this was not enforced. Women's access to the labor market had improved; however, overall women remained primarily confined to low-paying and low-skilled positions, regardless of professional and academic qualifications. As a result, many women sought employment abroad. Salaries for women continued to lag behind those of men. According to the U.N. Development Program (UNDP), employers frequently withheld benefits connected to pregnancy and childbirth.

A number of NGOs promoted women's rights, including the women's group of the Georgian Young Lawyers' Association, the Women's Center, and Women for Democracy. Women's NGOs took an active role in the presidential and partial parliamentary elections during the year, engaging candidates on issues of concern."

Document(s): Open document

14.05.2004 - Source: UN Committee on the Elimination of Discrimination Against Women

No new special measures for women (like quota systems) were adopted; according to government, no discriminatory practices against women exist in Georgia; new law entered into force in July 2003, criminalizing trafficking in persons and imposing sanctions for it ("Consideration of reports submitted by States Parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; Combined second and third periodic reports of States parties; Georgia [CEDAW/C/GEO/2-3]") [#48220], [ID 5256]

Please refer to the original document for information on other measures taken

"49. [...] no temporary special measures (e.g. preferential treatment, quota systems, etc.) have been used to women. As regards measures which discriminate women in a positive way, the comments of the initial report regarding, for instance, labor conditions or maternity protection remain valid.
59. [...] no discriminatory practices in connection with polygamy, dowry systems, repudiation, etc. exist in Georgia. At the same time, according to the Ministry of Internal Affairs, in recent times many criminal cases were instituted owing to the violation of the article of the Criminal Code envisaging sanctions for illicit restriction of the woman’s personal liberty in order to marry her. In 2002, 65 criminal proceedings on such acts were initiated by law enforcement bodies. In the first six months of 2003, the above bodies have already instituted 34 cases on the crimes under review. Meanwhile, the Ministry of Internal Affairs considered it expedient to note that normally it is not easy for law enforcement bodies to elicit such facts, because victims are reluctant to inform police of them, unless grave consequences have taken place (e.g. severe body injuries were inflicted, due to which the victim has to be placed to a medical facility, etc.).
64. Lately the US State Department categorized Georgia as a “Tier 3” country that fails to meet minimum standards for combating trafficking in persons. [...]
65. On January 29, the Anti-Trafficking Unit was established within the Ministry of Internal Affairs. Amendments to the Criminal Code criminalizing trafficking in persons and trafficking in minors, and imposing relevant sanctions for this crime (Article 1431 and Article 1432) were passed by the Parliament of Georgia. The Law entered into force on July 10, 2003.
66. In conformity with the above amendments, selling or buying of persons (minors), or subjecting them to other illegal deals, also recruiting, transporting, harbouring or taking them on for purposes of exploitation, with the use of force, blackmail or deception is punishable by imprisonment up to 12 years The same offence, committed repeatedly, against two or more persons, against a pregnant woman, knowing about her pregnancy, with the abuse of official authority, by taking a victim abroad, with the use of life threatening or heath threatening violence, or threatening to use violence, knowingly, against a vulnerable person, or against a person, who is financially or otherwise dependant on the offender is punishable by imprisonment from 8 to 15 years. Offence, stipulated by first and second paragraphs of this
article committed by an organized group, which resulted in a death of a victim or caused other serious consequences, is punishable by imprisonment from up to 20 years or life imprisonment (in the case of minor victim).
67. In 2002, 471 criminal cases have been instituted against persons who were preparing false documents for leaving abroad. As a rule, the criminals promising citizens to arrange employment abroad extorted money from them.
68. Recently Anti-Trafficking Unit of the Ministry of Internal Affairs and Human Rights Department of the Prosecutor-General’s Office have established special hotlines. The Prosecutor- General’s Office and the Ministry of Internal Affairs submitted the numbers of hotlines in all regions of Georgia. [...]
69. Thanks to all above-mentioned measures Georgia has been returned to the “Tier 2” group, which means that the State has succeeded to address the problem of trafficking and for the time being the situation in this field has become more manageable.
At the same time, according to the new Criminal Code, the following acts are classified as crimes:
- Inveigling into prostitution through use of violence, threat of violence or of destruction of property, as well as by blackmail or fraud (Article 253);
- Keeping of the den or premises for prostitution (Article 254);
- Inveigling a minor into prostitution or other sexual lechery (Article 171, Paragraph 1);
- Compulsion of a person to sexual intercourse (Article 139).
Various sanctions are imposed for commitment of these crimes: from fine to imprisonment up to 2-5 years.
72. Furthermore, pursuant to the Criminal Code, illegal production or distribution of pornographic materials and items (Article 255) and inveigling of a minor into illegal production or distribution of pornographic materials or items (Article 2551) are also considered crimes."

Document(s): State report
Concluding observations of 25 August 2006 [CEDAW/C/GEO/CO/3]

22.07.2003 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Statements of interview partners with regard to the situation of women ("Reisebericht Georgien 18. - 25. Mai 2003") [#14436], [ID 5257]

"Nur in außergewöhnlichen Fällen komme es dazu, dass Frauen von ihren Familien verstoßen würden. Ehebruch und anschließende Scheidung würden nach Ansicht der UNAG meist nicht zur sozialen Ächtung der Betroffenen führen. Auch die Arbeit als Prostituierte sei nach Kenntnis der UNAG nicht Grund genug, um aus dem familiären Netz ausgestoßen zu werden. Die meisten der Prostituierten auf Tbilisis Straßen kämen beispielsweise vom Land und es gebe keine Hinweise darauf, dass sie nach Rückkehr in ihre Heimatorte mit Akzeptanzproblemen oder sonstigen Formen sozialer Diskriminierung zu rechnen hätten. Vergewaltigte Frauen oder Opfer von Missbrauch und häuslicher Gewalt gingen nach Ansicht der UNAG in den meisten Fällen nicht an die Öffentlichkeit. Meist würden Sexualdelikte und innerfamiliäre Gewalt nicht einmal zur Anzeigen gebracht werden. Die Polizei neige zur Auffassung, dass es sich dabei um Privatangelegenheiten handle und gewährleiste keinen wirksamen Schutz. Dies treffe umso mehr in ländlichen Regionen zu, wo traditionellen Streitbeilegungsmechanismen regelmäßig der Vorzug gegenüber der Einschaltung der Behörden gegeben werde. Überhaupt bemühe man sich auf dem Land, so die UNAG, die Begehung von Sexualdelikten und innerfamiliäre Gewalt möglichst nicht an die Öffentlichkeit dringen zu lassen, sondern „innerfamiliär“ zu lösen."

Document(s): Open document

22.07.2003 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Statements of interview partners with regard to the situation of single women with children ("Reisebericht Georgien 18. - 25. Mai 2003") [#14436], [ID 5258]

"Allein stehende Frauen mit Kindern wären nach Ansicht des Georgischen Roten Kreuzes besonders gefährdet. Der Staat zahle allein stehenden Müttern 5 Lari pro Monat als finanzielle Unterstützung für die Versorgung mit Gas; in einem Haushalt mit mehr als drei Kindern würde dieser Zuschuss mehr betragen. Soziale Netzwerke seien in Georgien zwar sehr stark und notwendig für viele Familien; aufgrund der allgemeinen sehr schlechten sozialen Situation, sei es jedoch schwierig zu beurteilen, ob die Unterstützung durch Familienangehörige oder Bekannte auch tatsächlich ausreiche, um ein Überleben von allein stehenden Frauen zu sichern. Nach Ansicht der UNAG sei die Situation von allein stehenden Müttern in ländlichen Regionen vermutlich besser als in der Stadt, da hier neben verwandtschaftlichen auch starke nachbarschaftliche Bindungen existierten. Sollten allein stehende Frauen nicht über ein derartiges soziales Netz verfügen, könne man in manchen Fällen durchaus von einem Entzug der Lebensgrundlage sprechen."

Document(s): Open document

31.03.2003 - Source: US Department of State

US State Department: Societal violence against women was a problem ("Country Reports on Human Rights Practices - 2002") [#11848], [ID 5259]

"Societal violence against women was a problem. There are no laws that specifically criminalize spousal abuse or violence against women, although the Criminal Code, in force since June 2000, classifies marital rape and sexual coercion as crimes. During the year, 867 crimes were registered against women, compared with 678 in 2001. Part of this apparent increase may have been due to increased reporting. Crimes included 36 murders, 18 attempted murders, 52 rapes, and 25 attempted rapes; the remainder consisted of battery, assault and lesser crimes. According to a poll conducted in 1998 by the NGO Women for Democracy, younger women reported that spousal abuse occurred frequently but rarely was reported or punished because of social taboos against raising the problem outside of the family. Spousal abuse was reportedly one of the leading causes of divorce. Domestic violence continued to rise as economic conditions became more difficult. Police did not always investigate reports of rape. A local NGO operated a shelter for abused women, and the Government operated a hot line for abused women but did not provide other services. There were anonymous telephone services that assisted rape victims, but no shelters, specialized services, or other mechanisms to protect or assist them.

The kidnaping of women for marriage continued to occur, particularly in rural areas, although the practice continued to decline. Such kidnapings often were arranged elopements; however, at times these abductions occurred against the will of the intended bride, and sometimes involved rape. Police rarely took actions in such cases even though such kidnapings are a crime according to the criminal code.

Prostitution was not a criminal offense, and trafficking in women for the purpose of prostitution was a problem (see Section 6.f.). In the past, police officers reportedly beat and raped prostitutes; there were no such confirmed reports this year.

Sexual harassment and violence against women in the workplace was a problem, especially as economic conditions worsened, according to a U.N. Development Program (UNDP) report. Sexual harassment in the workplace rarely, if ever, was investigated.

The Constitution provides for the equality of men and women; however, discrimination against women was a problem. The Civil Code gives women and men equal inheritance rights. Divorce was legal and can be initiated by either a husband or wife. Younger women reported that the economic balance had shifted in their favor because many traditionally male jobs had disappeared due to the depressed economy. Women's access to the labor market had improved but remained primarily confined, particularly for older women, to low-paying and low-skilled positions, often without regard to high professional and academic qualifications. As a result, many women sought employment abroad. Salaries for women continued to lag behind those of men. Reportedly men were given preference in promotions. Of the 114,512 registered unemployed persons throughout the country, 46 percent were women. Women sometimes, but not often, filled leadership positions. According to the UNDP, employers frequently withheld benefits connected to pregnancy and childbirth.

A number of NGOs promoted women's rights, including the women's group of the Georgian Young Lawyers' Association, the Women's Center, and Women for Democracy. Women's NGOs took an active role in the 1999 parliamentary election, the 2001 by-elections, and the June local and municipal elections, engaging candidates in discussions about issues of concern. Posters urging women to vote were a prominent part of the publicity campaign."

Document(s): Open document

16.01.2002 - Source: Human Rights Watch

Human Rights Watch: Women in some rural areas could not rely on law enforcement officials to protect them from the persisting custom of bride kidnapping ("World report 2002") [#5312], [ID 5261]

"Young women in some rural areas could not rely on law enforcement officials to protect them from the persisting custom of bride kidnapping. Prosecutors reportedly habitually declined to indict the perpetrators for kidnap or rape, telling the victim or her family instead to reconcile themselves to the fait accompli. Likewise, the authorities' failure to make sustained efforts or adopt legislation against trafficking of women allowed networks fronted by employment and travel agencies to continue to lure women into being trafficked abroad for forced prostitution."

Document(s): Open document

07.2001 - Source: Caucasus Institute for Peace, Democracy and Development

Caucasian Institute for Peace, Democracy and Development: Two decrees on the protection of women ("Georgia's Membership in the Council of Europe, Achievements and Failures") [#10549], [ID 5262]

"The main reason for insufficient protection of vulnerable groups is economic decline and disruption of the system of social security. For instance, maternal mortality rate in Georgia has increased from 32.4 per 100,000 live births in 1993 to 71.13 in 1997 (but dropped to 65.4 in 1999). Fertility rates have dropped from 2.4 per woman in 1980-85 to 1.1 in 1999. The problems that are especially troublesome for the society are the abundance of street children, women trafficking and violence against women. The Georgian president recognized the existence of serious by having issued two decrees on protection of women rights: “On Measures to Strengthen Women Rights in Georgia (August 1999) and “Three years plan of fighting violence against women” (February 2000, intended for 2000-2002)."

Document(s): cipdd-geo.pdf

26.02.2001 - Source: UN Human Rights Committee

UN Human Rights Committee: Low level of representation of women in senior public- and private-sector jobs ("Second periodic report submitted by a State party pursuant to article 40 of the Covenant; Georgia [CCPR/C/GEO/2000/2]") [#49455], [ID 5260]

"13. Although the Committee recognizes that some progress has been made in efforts to achieve equality for women in political and public life, it remains concerned at the low level of representation of women in Parliament and in senior public- and private-sector jobs."

Document(s): State report
Concluding observations of 19 April 2002 [CCPR/CO/74/GEO]

09.11.2000 - Source: International Helsinki Federation for Human Rights

IHF: Due to high costs access to health care for women restricted ("Women 2000: Report on Georgia") [#10550], [ID 5263]

"Up until now, most births have been professionally assisted. However, increasingly, the media has information
on cases of home births, indicating that they are becoming more common because the mother does
not have enough money to pay for professional assistance at the hospital – as a result of the very low
income in several regions of Georgia. When approached, the Department of Mother and Child Health Protection,
the Ministry of Health Care and Social Safety, refused to give any official information."

Document(s): Open document

09.11.2000 - Source: International Helsinki Federation for Human Rights

IHF: Beating of women by their husbands is acceptable and is not regarded as an offence ("Women 2000: Report on Georgia") [#10550], [ID 5264]

"Violence within the family is not considered a social problem in Georgia and this is confirmed by the absence of appropriate legal provisions. The beating of a woman by her husband or partner is acceptable and is not regarded as an offence because Georgian society tends to hold the women responsible for their ”bad behaviour.” According to official data, violence in the family is not recognised in Georgia.
However, a number of NGOs work to highlight this issue; for example the ”Feminists’ Club” translated ”Violence in Family” by Alice Deltufo into Georgian; ”The International Centre for Culture and Education of Georgian and German Women” arranged two workshops on this problem; the activities of the Women’s Advice Center ”Sakhli” are focused on domestic violence and offer psychological consultations and legal advice.
According to Articles 117 and 118 of the Penal Code, premeditated severe and moderate injuries to health are subject to penalty, but the laws are so general that, under the existing terms, it is impossible to assist a victim of family violence. According to the data of The Women’s Advice Center, ”Sakhli”, there are also noted cases of emotional, psychological and mental violence in practically every family, and this is particularly widespread in the provinces. Women exposed to domestic violence are frequently blamed for provoking such violence in men:
”she drove him mad”, ”she upset his frame of mind”, etc. Public opinion is against interfering in cases of physical violence in the family and takes the view that it is the family’s responsibility to resolve such matters.
Women are reluctant to leave humiliating and abusive relationships for many reasons: society’s negative attitude towards divorced women, economic dependence, and the lack of protection are all determining factors in making their decision.
The police resent involvement in cases of family violence since they are from the same society with the same mentality. In addition, they are uninformed about this issue and lack adequate training. Women, therefore, have no guarantee that the police will protect them. Moreover, they can become victims of psychological violence from the police.
Because the issue is so taboo, women, as a rule, either do not reveal cases of family violence or do so anonymously. In reality though, various forms of family violence are observed in every second family. Considering the existing mentality in Georgia, it is difficult to acknowledge the existence of family violence, although changes in this direction are already underway. The Women’s Advice Center ”Sakhli” was set up especially to work on this issue and, as mentioned above, offers psychological and legal advice to female victims of family violence."

Document(s): Open document

09.11.2000 - Source: International Helsinki Federation for Human Rights

IHF: Report on women's social, economic and political rights; violence against women and their status within distincitive groups ("Women 2000: Report on Georgia") [#10550], [ID 5265]

Document(s): Open document

2000 - Source: Amnesty International

Committee on Elimination of Discrimination against Women noted some positive aspects, like establishment of confidential hotline for women victims of violence, however it raised concern about policy not criminalizing procurement of prostitution and gender stereotyping ("Annual Report 2000") [#44451], [ID 5266]

"In June the Committee on the Elimination of Discrimination against Women considered Georgia’s first periodic report under the Convention on the Elimination of All Forms of Discrimination against Women. The Committee noted positive aspects such as the establishment within the ombudsperson’s office of a confidential hotline for women victims of violence. However, the Committee expressed concern about the lack of a real understanding of discrimination against women; the persistence of a patriarchal culture and the prevalence of gender stereotyping; and the policy of not criminalizing procurement for the purpose of prostitution, which had created an environment in which women and children were not protected from sexual exploitation in sex-tourism, cross-border trafficking and pornography. The Committee’s recommendations included comprehensive measures to eliminate gender stereotypes; gender-sensitive training for law enforcement officials and agencies; amending the criminal code to impose severe penalties for sexual violence and abuse of women and girls; and establishing a network of crisis centres and consultative services to assist women victims, especially girls."

Document(s): Open document