17 September 2024, the Georgian parliament passed a law allegedly intent on preserving family values and protection of minors. The law is part of the anti-LGBTIQ legislative package, which, in addition to the law itself, consists of amendments to already existing laws in Georgia. The law violates the right to non-discrimination, private and family life, education, and freedom of expression and information. It also revokes trans persons right to transition. Georgia should, without delay, stop the law and take necessary measures to uphold their international human rights obligations for all.
Violation of international human rights law
‘The anti-propaganda law has also been proven incompatible with international human rights standards. The Venice Commission assessed propaganda laws in Moldova, Russia and Ukraine in 2013, and concluded that the statutory provisions prohibiting “propaganda of homosexuality”, are incompatible with the European Convention on Human Rights and international human rights standards. In a landmark ruling from 2017, the European Court of Human Rights, in the case of Bayev and others against Russia, found a similar law to be in violation of Article 10 (freedom of expression) and Article 14 (prohibition of discrimination) in conjunction with Article 10.
A turn to authoritarianism
The law has a clear similarity with the infamous Russian law against “propaganda of non-traditional sexual relations”, which has led to the marginalization and stigma of LGBTIQ persons and a sharp increase in hate-motivated violence. We are concerned about how Georgia, with laws like this, as well as the so-called foreign agent laws – also with a Russian influx, are taking steps in an authoritarian direction.
We are concerned that this homophobic and transphobic law will be interpreted as an endorsement of violence and discrimination, which is already a widespread problem for LGBTI persons in Georgia.
Georgia is heading towards elections, and we are concerned that politicians are attempting to play upon homophobic and transphobic sentiments to score votes. This is a dangerous game where people from the LGBTIQ community will pay the price.
We remind Georgian authorities of their obligations as a part of the European Convention of Human Rights, which includes an obligation to ensure the right to life and safety for all citizens (Article 2), the right to freedom of expression (Article 10) and freedom of assembly (Article 11), as well as equal treatment and non-discrimination (article 14).
It is urgent that the authorities demonstrate their intent to uphold their international human rights obligations to all citizens, regardless of sexual orientation, gender identity and expression, and sex characteristics.
We call upon Georgian authorities to
- Withdraw the anti-LGBTIQ law
- Make sure homophobia and transphobia are not used in the election campaign
- Ensure that the violent incidents should be effectively investigated, and the perpetrators held accountable
- Undertake necessary measures to ensure the safety of LGBTIQ persons in Georgia