| GEORGIA Georgia Sak'art'velo Joined United Nations: 31 July 1992 Human Rights as assured by their constitution Updated 11 September 2012 |
CHAPTER TWO
Georgian Citizenship.
Basic Rights and Freedoms of Individual
Article 12
1. Georgian citizenship shall be acquired by birth and naturalisation.
2. A citizen of Georgia shall not at the same time be a citizen of another state, save in cases established by this paragraph. Citizenship of
Georgia shall be granted by the President of Georgia to a citizen of foreign country, who has a special merit before Georgia or grant the
citizenship of Georgia to him/her is due to State interests. (acquired a new wording by the Constitutional Law of Georgia of 6 February
2004)
3. The procedure for the acquisition and loss of citizenship shall be determined by the Organic Law.
Article 13
1. Georgia shall protect its citizen regardless of his/her whereabouts.
2. No one shall be deprived of his/her citizenship.
3. The expulsion of a citizen of Georgia from Georgia shall be impermissible.
4. The extradition/transfer of a citizen of Georgia to the foreign state shall be impermissible, except for the cases prescribed by
international treaty. A decision on extradition/transfer may be appealed in a court.
Article 14
Everyone is free by birth and is equal before law regardless of race, colour, language, sex, religion, political and other opinions, national,
ethnic and social belonging, origin, property and title, place of residence.
Article 15
1. Everyone has the inviolable right to life and this right shall be protected by law.
2. The exclusive measure of punishment - death penalty until its complete abolition shall be envisaged by the Organic Law in respect of
especially grave crime against the life. Only the Supreme Court of Georgia shall be authorised to impose such a punishment.
Article 16
Everyone has the right to free development of his/her personality.
Article 17
1. Honour and dignity of an individual is inviolable.
2. Torture, inhuman, cruel treatment and punishment or treatment and punishment infringing upon honour and dignity shall be
impermissible.
Article 18
1. Liberty of an individual is inviolable.
2. Deprivation of liberty or other restriction of personal liberty without a court decision shall be impermissible.
3. An arrest of an individual shall be permissible by a specially authorised official in the cases determined by law. Everyone arrested or
otherwise restricted in his/her liberty shall be brought before a competent court not later than 48 hours. If, within next 24 hours, the court
fails to adjudicate upon the detention or another type of restriction of liberty, the individual shall immediately be released.
4. Physical or mental coercion of an arrested or a person otherwise restricted in his/her liberty shall be impermissible.
5. An arrested or detained person shall be informed about his/her rights and the grounds for restriction of his/her liberty upon his/her
arrest or detention. The arrested or detained person may request for the assistance of a defender upon his/her arrest or detention, the
request shall be met.
6. The term of arrest of a suspect in the commission of a crime shall not exceed 72 hours and the term of detention on remand of an
accused shall not exceed 9 months.
7. The violation of the requirements of the present Article shall be punishable by law. A person arrested or detained illegally shall have the
right to receive a compensation.
Article 19
1. Everyone has the right to freedom of speech, thought, conscience, religion and belief.
2. The persecution of a person on the account of his/her speech, thought, religion or belief as well as the compulsion to express his/her
opinion about them shall be impermissible.
3. The restriction of the freedoms enumerated in the present Article shall be impermissible unless their manifestation infringes upon the
rights of others.
Article 20
1. Everyone’s private life, place of personal activity, personal records, correspondence, communication by telephone or other technical
means, as well as messages received through technical means shall be inviolable. Restriction of the aforementioned rights shall be
permissible by a court decision or also without such decision in the case of the urgent necessity provided for by law.
2. No one shall have the right to enter the house and other possessions against the will of possessors, or conduct search unless there is a
court decision or the urgent necessity provided for by law.
Article 21
1. The property and the right to inherit shall be recognised and guaranteed. The abrogation of the universal right to property, of the right
to acquire, alienate and inherit property shall be impermissible.
2. The restriction of the rights referred to in the first paragraph shall be permissible for the purpose of the pressing social need in the
cases determined by law and in accordance with a procedure established by law.
3. Deprivation of property for the purpose of the pressing social need shall be permissible in the circumstances as expressly determined
by law, under a court decision or in the case of the urgent necessity determined by the Organic Law and only with appropriate
compensation.
Article 22
1. Everyone legally within the territory of Georgia shall, within throughout the territory of the country, have the right to liberty of
movement and freedom to choose his/her residence.
2. Everyone legally within the territory of Georgia shall be free to leave Georgia. A citizen of Georgia may freely enter Georgia.
3. These rights may be restricted only in accordance with law, in the interests of securing national security or public safety, protection of
health, prevention of crime or administration of justice that is necessary for maintaining a democratic society.
Article 23
1. The freedom of intellectual creation shall be guaranteed. The right to intellectual property shall be inviolable.
2. Interference in creative process, censorship in the field of creative activity shall be impermissible.
3. The seizure of creative work and prohibition of its dissemination shall be impermissible unless it infringes upon the legal rights of others.
Article 24
1. Everyone has the right to freely receive and impart information, to express and impart his/her opinion orally, in writing or by in any
other means.
2. Mass media shall be free. The censorship shall be impermissible.
3. Neither the state nor particular individuals shall have the right to monopolise mass media or means of dissemination of information.
4.The exercise of the rights enumerated in the first and second paragraphs of the present Article may be restricted by law on such
conditions which are necessary in a democratic society in the interests of ensuring state security, territorial integrity or public safety, for
preventing of crime, for the protection of the rights and dignity of others, for prevention of the disclosure of information acknowledged
as confidential or for ensuring the independence and impartiality of justice.
Article 25
1. Everyone except members of the armed forces, of the police and of the security office has the right to public assembly without arms
either indoors or outdoors without prior permission.
2. The necessity of prior notification of the authorities may be established by law in the case where a public assembly or manifestation is
held on a public thoroughfare.
3. Only the authorities shall have the right to brake up a public assembly or manifestation in case it assumes an illegal character.
Article 26
1. Everyone shall have the right to form and to join public associations, including trade unions.
2. Citizens of Georgia shall have the right to form a political party or other political association and participate in its activity in accordance
with the Organic Law.
3. The formation and activity of such public and political associations aiming at overthrowing or forcibly changing the constitutional
structure of Georgia, infringing upon the independence and territorial integrity of the country or propagandising war or violence,
provoking national, local, religious or social animosity, shall be impermissible.
4. The creation of armed formations by public and political associations shall be impermissible.
5. A person who is enrolled in the personnel of the armed forces, state security offices or the forces of the bodies of internal affairs or a
person having been designated as a judge or a prosecutor shall cease his/her membership of any political association.
6. Suspension or prohibition of the activity of public or political associations shall be possible only under a court decision, in the cases
determined by the Organic Law and in accordance with a procedure prescribed by law.
Article 27
The state shall be entitled to impose restriction on the political activity of citizens of a foreign country and stateless persons.
Article 28
1. Every citizen of Georgia who has attained the age of 18 shall have the right to participate in referendum or elections of state and self-
government bodies. Free expression of the will of electors shall be guaranteed.
2. A citizen, who is recognised as legally incapable by a court or who is detained in a penitentiary institution following a conviction by a
court, shall have no right to participate in elections and referendum.
Article 29
1. Every citizen of Georgia shall have the right to hold any state position if he/she meets the requirements established by legislation.
2. The conditions of public office shall be determined by law.
Article 30
1. Labour shall be free.
2. The state shall be bound to promote the development of free entrepreneurial activity and competition. Monopolistic activity shall be
prohibited except for the cases permitted by law. The rights of consumers shall be protected by law.
3. On the basis of international agreements governing labour relations, the state shall protect the labour rights of the citizens of Georgia
abroad.
4. The protection of labour rights, fair remuneration of labour and safe, healthy working conditions and the working conditions of minors
and women shall be determined by law.
Article 31
The state shall take care for the equal socio-economic development of the whole territory of the country. With the view of ensuring the
socio-economic progress of the high mountain regions special privileges shall be determined by law.
Article 32
The state shall promote the unemployed citizen of Georgia to be employed. The conditions of the provision of a minimum standard of
living and the status of the unemployed shall be determined by law.
Article 33
The right to strike shall be recognised. Procedure of exercising this right shall be determined by law. The law shall also establish the
guarantees for the functioning of services of vital importance.
Article 34
1. The state shall promote the development of culture, the unrestricted participation of citizens in cultural life, expression and enrichment
of cultural originality, recognition of national and common values and deepening of international cultural relations.
2. Every citizen of Georgia shall be obliged to care for the protection and preservation of the cultural heritage. The state shall protect the
cultural heritage by law.
Article 35
1. Everyone shall have the right to receive education and the right to free choice of a form of education.
2. The state shall ensure the compatibility of educational programmes with international rules and standards.
3. Pre-school education shall be guaranteed by the state. Primary education shall be compulsory. The state shall provide basic education at
its own expense. Citizens shall have the right to receive free secondary, professional and higher education at state educational institutions
in accordance with a procedure and within the framework established by law.
4. The state shall support educational institutions in accordance with the procedure established by law.
Article 36
1. Marriage shall be based upon equality of rights and free will of spouses.
2. The state shall promote the prosperity of the family.
3. The rights of the mother and the child shall be protected by law.
Article 37
1. Everyone shall have the right to enjoy health insurance as a means of accessible medical aid. In the cases determined in accordance
with a procedure prescribed by law, free medical aid shall be provided.
2. The state shall control all institutions of health protection and the production and trade of medicines.
3. Everyone shall have the right to live in healthy environment and enjoy natural and cultural surroundings. Everyone shall be obliged to
care for natural and cultural environment.
4. With the view of ensuring safe environment, in accordance with ecological and economic interests of society, with due regard to the
interests of the current and future generations the state shall guarantee the protection of environment and the rational use of nature.
5. A person shall have the right to receive a complete, objective and timely information as to a state of his/her working and living
environment.
Article 38
1. Citizens of Georgia shall be equal in social, economic, cultural and political life irrespective of their national, ethnic, religious or
linguistic belonging. In accordance with universally recognised principles and rules of international law, they shall have the right to
develop freely, without any discrimination and interference, their culture, to use their mother tongue in private and in public.
2. In accordance with universally recognised principles and rules of international law, the exercise of minority rights shall not oppose the
sovereignty, state structure, territorial integrity and political independence of Georgia.
Article 39
The Constitution of Georgia shall not deny other universally recognised rights, freedoms and guarantees of an individual and a citizen,
which are not referred to herein but stem inherently from the principles of the Constitution.
Article 40
1. An individual shall be presumed innocent until the commission of an offence by him/her is proved in accordance with the procedure
prescribed by law and under a final judgment of conviction.
2. No one shall be obliged to prove his innocence. A burden of proof shall rest with the prosecutor.
3.A resolution on proceeding a person as an accused, a bill of indictment and a judgment of conviction shall be based only on the evidence
beyond a reasonable doubt. An accused shall be given the benefit of doubt in any event.
Article 41
1. Every citizen of Georgia shall have the right to become acquainted, in accordance with a procedure prescribed by law, with the
information about him/her stored in state institutions as well as official documents existing there unless they contain state, professional or
commercial secret.
2. The information existing on official papers pertaining to individual’s health, his/her finances or other private matters, shall not be
accessible to any one without the consent of the individual in question except in the cases determined by law, when it is necessary for
ensuring the state security or public safety, for the protection of health, rights and freedoms of others.
.
Article 42
1. Everyone has the right to apply to a court for the protection of his/her rights and freedoms.
2. Everyone shall be tried only by a court under jurisdiction of which his/her case is.
3. The right to defence shall be guaranteed.
4. No one shall be convicted twice for the same crime.
5. No one shall be held responsible on account of an action, which did not constitute a criminal offence at the time it was committed. The
law that neither mitigate nor abrogate responsibility shall have no retroactive force.
6. The accused shall have the right to request summonsing and interrogation of his/her witnesses under the same conditions as witnesses
of the prosecution.
7. Evidence obtained in contravention of law shall have no legal force.
8. No one shall be obliged to testify against himself/herself or those relatives whose circle shall be determined by law.
9. Everyone having sustained illegally a damage by the state, self-government bodies and officials shall be guaranteed to receive complete
compensation from state funds through the court proceedings.
Article 43
1. The protection of human rights and fundamental freedoms within the territory of Georgia shall be supervised by the Public Defender of
Georgia who shall be elected for a term of five years by the majority of the total number of the members of the Parliament of Georgia.
2. The Public Defender shall be authorised to reveal facts of the violation of human rights and freedoms and to report on them to
corresponding bodies and officials. The creation of impediments to the activity of the Public Defender shall be punishable by law.
3. The authority of the Public Defender shall be determined by the Organic Law.
Article 44
1. Everyone residing in Georgia shall be obliged to observe the requirements of the Constitution and legislation of Georgia.
2. The exercise of the rights and freedoms of an individual shall not infringe upon the rights and freedoms of others.
Article 45
The basic rights and freedoms enshrined in the Constitution with due regard to their contents shall apply to legal entities as well.
Article 46
1. In case of a state emergency or martial law, the President of Georgia shall be authorised to restrict the rights and freedoms enumerated
in Articles 18, 20, 21, 22, 24, 25, 30, 33 and 41 of the Constitution either throughout the whole country or a certain part thereof. The
President shall be obliged to submit the decision to the Parliament for approval within 48 hours.
2. In case of introduction of a state of emergency or martial law throughout the whole territory of the state, elections of the President of
Georgia, the Parliament of Georgia or other representative bodies of Georgia shall be held upon the cancellation of the state. In case of
introduction of a state of emergency in a certain part of the state the Parliament of Georgia shall adopt a decision on holding the elections
throughout the other territories of the state. (acquired a new wording by the Constitutional Law of Georgia of 6 February 2004).
Article 47
1. Foreign citizens and stateless persons residing in Georgia shall have the rights and obligations equal to the rights and obligations of
citizens of Georgia with exceptions envisaged by the Constitution and law.
2. In accordance with universally recognised rules of international law, the procedure established by law, Georgia shall grant asylum to
foreign citizens and stateless persons.
3. It shall be inadmissible to extradite/transfer an individual seeking a shelter, being persecuted for political creed or prosecuted for an
action not regarded as a crime under the legislation of Georgia.
Georgian Citizenship.
Basic Rights and Freedoms of Individual
Article 12
1. Georgian citizenship shall be acquired by birth and naturalisation.
2. A citizen of Georgia shall not at the same time be a citizen of another state, save in cases established by this paragraph. Citizenship of
Georgia shall be granted by the President of Georgia to a citizen of foreign country, who has a special merit before Georgia or grant the
citizenship of Georgia to him/her is due to State interests. (acquired a new wording by the Constitutional Law of Georgia of 6 February
2004)
3. The procedure for the acquisition and loss of citizenship shall be determined by the Organic Law.
Article 13
1. Georgia shall protect its citizen regardless of his/her whereabouts.
2. No one shall be deprived of his/her citizenship.
3. The expulsion of a citizen of Georgia from Georgia shall be impermissible.
4. The extradition/transfer of a citizen of Georgia to the foreign state shall be impermissible, except for the cases prescribed by
international treaty. A decision on extradition/transfer may be appealed in a court.
Article 14
Everyone is free by birth and is equal before law regardless of race, colour, language, sex, religion, political and other opinions, national,
ethnic and social belonging, origin, property and title, place of residence.
Article 15
1. Everyone has the inviolable right to life and this right shall be protected by law.
2. The exclusive measure of punishment - death penalty until its complete abolition shall be envisaged by the Organic Law in respect of
especially grave crime against the life. Only the Supreme Court of Georgia shall be authorised to impose such a punishment.
Article 16
Everyone has the right to free development of his/her personality.
Article 17
1. Honour and dignity of an individual is inviolable.
2. Torture, inhuman, cruel treatment and punishment or treatment and punishment infringing upon honour and dignity shall be
impermissible.
Article 18
1. Liberty of an individual is inviolable.
2. Deprivation of liberty or other restriction of personal liberty without a court decision shall be impermissible.
3. An arrest of an individual shall be permissible by a specially authorised official in the cases determined by law. Everyone arrested or
otherwise restricted in his/her liberty shall be brought before a competent court not later than 48 hours. If, within next 24 hours, the court
fails to adjudicate upon the detention or another type of restriction of liberty, the individual shall immediately be released.
4. Physical or mental coercion of an arrested or a person otherwise restricted in his/her liberty shall be impermissible.
5. An arrested or detained person shall be informed about his/her rights and the grounds for restriction of his/her liberty upon his/her
arrest or detention. The arrested or detained person may request for the assistance of a defender upon his/her arrest or detention, the
request shall be met.
6. The term of arrest of a suspect in the commission of a crime shall not exceed 72 hours and the term of detention on remand of an
accused shall not exceed 9 months.
7. The violation of the requirements of the present Article shall be punishable by law. A person arrested or detained illegally shall have the
right to receive a compensation.
Article 19
1. Everyone has the right to freedom of speech, thought, conscience, religion and belief.
2. The persecution of a person on the account of his/her speech, thought, religion or belief as well as the compulsion to express his/her
opinion about them shall be impermissible.
3. The restriction of the freedoms enumerated in the present Article shall be impermissible unless their manifestation infringes upon the
rights of others.
Article 20
1. Everyone’s private life, place of personal activity, personal records, correspondence, communication by telephone or other technical
means, as well as messages received through technical means shall be inviolable. Restriction of the aforementioned rights shall be
permissible by a court decision or also without such decision in the case of the urgent necessity provided for by law.
2. No one shall have the right to enter the house and other possessions against the will of possessors, or conduct search unless there is a
court decision or the urgent necessity provided for by law.
Article 21
1. The property and the right to inherit shall be recognised and guaranteed. The abrogation of the universal right to property, of the right
to acquire, alienate and inherit property shall be impermissible.
2. The restriction of the rights referred to in the first paragraph shall be permissible for the purpose of the pressing social need in the
cases determined by law and in accordance with a procedure established by law.
3. Deprivation of property for the purpose of the pressing social need shall be permissible in the circumstances as expressly determined
by law, under a court decision or in the case of the urgent necessity determined by the Organic Law and only with appropriate
compensation.
Article 22
1. Everyone legally within the territory of Georgia shall, within throughout the territory of the country, have the right to liberty of
movement and freedom to choose his/her residence.
2. Everyone legally within the territory of Georgia shall be free to leave Georgia. A citizen of Georgia may freely enter Georgia.
3. These rights may be restricted only in accordance with law, in the interests of securing national security or public safety, protection of
health, prevention of crime or administration of justice that is necessary for maintaining a democratic society.
Article 23
1. The freedom of intellectual creation shall be guaranteed. The right to intellectual property shall be inviolable.
2. Interference in creative process, censorship in the field of creative activity shall be impermissible.
3. The seizure of creative work and prohibition of its dissemination shall be impermissible unless it infringes upon the legal rights of others.
Article 24
1. Everyone has the right to freely receive and impart information, to express and impart his/her opinion orally, in writing or by in any
other means.
2. Mass media shall be free. The censorship shall be impermissible.
3. Neither the state nor particular individuals shall have the right to monopolise mass media or means of dissemination of information.
4.The exercise of the rights enumerated in the first and second paragraphs of the present Article may be restricted by law on such
conditions which are necessary in a democratic society in the interests of ensuring state security, territorial integrity or public safety, for
preventing of crime, for the protection of the rights and dignity of others, for prevention of the disclosure of information acknowledged
as confidential or for ensuring the independence and impartiality of justice.
Article 25
1. Everyone except members of the armed forces, of the police and of the security office has the right to public assembly without arms
either indoors or outdoors without prior permission.
2. The necessity of prior notification of the authorities may be established by law in the case where a public assembly or manifestation is
held on a public thoroughfare.
3. Only the authorities shall have the right to brake up a public assembly or manifestation in case it assumes an illegal character.
Article 26
1. Everyone shall have the right to form and to join public associations, including trade unions.
2. Citizens of Georgia shall have the right to form a political party or other political association and participate in its activity in accordance
with the Organic Law.
3. The formation and activity of such public and political associations aiming at overthrowing or forcibly changing the constitutional
structure of Georgia, infringing upon the independence and territorial integrity of the country or propagandising war or violence,
provoking national, local, religious or social animosity, shall be impermissible.
4. The creation of armed formations by public and political associations shall be impermissible.
5. A person who is enrolled in the personnel of the armed forces, state security offices or the forces of the bodies of internal affairs or a
person having been designated as a judge or a prosecutor shall cease his/her membership of any political association.
6. Suspension or prohibition of the activity of public or political associations shall be possible only under a court decision, in the cases
determined by the Organic Law and in accordance with a procedure prescribed by law.
Article 27
The state shall be entitled to impose restriction on the political activity of citizens of a foreign country and stateless persons.
Article 28
1. Every citizen of Georgia who has attained the age of 18 shall have the right to participate in referendum or elections of state and self-
government bodies. Free expression of the will of electors shall be guaranteed.
2. A citizen, who is recognised as legally incapable by a court or who is detained in a penitentiary institution following a conviction by a
court, shall have no right to participate in elections and referendum.
Article 29
1. Every citizen of Georgia shall have the right to hold any state position if he/she meets the requirements established by legislation.
2. The conditions of public office shall be determined by law.
Article 30
1. Labour shall be free.
2. The state shall be bound to promote the development of free entrepreneurial activity and competition. Monopolistic activity shall be
prohibited except for the cases permitted by law. The rights of consumers shall be protected by law.
3. On the basis of international agreements governing labour relations, the state shall protect the labour rights of the citizens of Georgia
abroad.
4. The protection of labour rights, fair remuneration of labour and safe, healthy working conditions and the working conditions of minors
and women shall be determined by law.
Article 31
The state shall take care for the equal socio-economic development of the whole territory of the country. With the view of ensuring the
socio-economic progress of the high mountain regions special privileges shall be determined by law.
Article 32
The state shall promote the unemployed citizen of Georgia to be employed. The conditions of the provision of a minimum standard of
living and the status of the unemployed shall be determined by law.
Article 33
The right to strike shall be recognised. Procedure of exercising this right shall be determined by law. The law shall also establish the
guarantees for the functioning of services of vital importance.
Article 34
1. The state shall promote the development of culture, the unrestricted participation of citizens in cultural life, expression and enrichment
of cultural originality, recognition of national and common values and deepening of international cultural relations.
2. Every citizen of Georgia shall be obliged to care for the protection and preservation of the cultural heritage. The state shall protect the
cultural heritage by law.
Article 35
1. Everyone shall have the right to receive education and the right to free choice of a form of education.
2. The state shall ensure the compatibility of educational programmes with international rules and standards.
3. Pre-school education shall be guaranteed by the state. Primary education shall be compulsory. The state shall provide basic education at
its own expense. Citizens shall have the right to receive free secondary, professional and higher education at state educational institutions
in accordance with a procedure and within the framework established by law.
4. The state shall support educational institutions in accordance with the procedure established by law.
Article 36
1. Marriage shall be based upon equality of rights and free will of spouses.
2. The state shall promote the prosperity of the family.
3. The rights of the mother and the child shall be protected by law.
Article 37
1. Everyone shall have the right to enjoy health insurance as a means of accessible medical aid. In the cases determined in accordance
with a procedure prescribed by law, free medical aid shall be provided.
2. The state shall control all institutions of health protection and the production and trade of medicines.
3. Everyone shall have the right to live in healthy environment and enjoy natural and cultural surroundings. Everyone shall be obliged to
care for natural and cultural environment.
4. With the view of ensuring safe environment, in accordance with ecological and economic interests of society, with due regard to the
interests of the current and future generations the state shall guarantee the protection of environment and the rational use of nature.
5. A person shall have the right to receive a complete, objective and timely information as to a state of his/her working and living
environment.
Article 38
1. Citizens of Georgia shall be equal in social, economic, cultural and political life irrespective of their national, ethnic, religious or
linguistic belonging. In accordance with universally recognised principles and rules of international law, they shall have the right to
develop freely, without any discrimination and interference, their culture, to use their mother tongue in private and in public.
2. In accordance with universally recognised principles and rules of international law, the exercise of minority rights shall not oppose the
sovereignty, state structure, territorial integrity and political independence of Georgia.
Article 39
The Constitution of Georgia shall not deny other universally recognised rights, freedoms and guarantees of an individual and a citizen,
which are not referred to herein but stem inherently from the principles of the Constitution.
Article 40
1. An individual shall be presumed innocent until the commission of an offence by him/her is proved in accordance with the procedure
prescribed by law and under a final judgment of conviction.
2. No one shall be obliged to prove his innocence. A burden of proof shall rest with the prosecutor.
3.A resolution on proceeding a person as an accused, a bill of indictment and a judgment of conviction shall be based only on the evidence
beyond a reasonable doubt. An accused shall be given the benefit of doubt in any event.
Article 41
1. Every citizen of Georgia shall have the right to become acquainted, in accordance with a procedure prescribed by law, with the
information about him/her stored in state institutions as well as official documents existing there unless they contain state, professional or
commercial secret.
2. The information existing on official papers pertaining to individual’s health, his/her finances or other private matters, shall not be
accessible to any one without the consent of the individual in question except in the cases determined by law, when it is necessary for
ensuring the state security or public safety, for the protection of health, rights and freedoms of others.
.
Article 42
1. Everyone has the right to apply to a court for the protection of his/her rights and freedoms.
2. Everyone shall be tried only by a court under jurisdiction of which his/her case is.
3. The right to defence shall be guaranteed.
4. No one shall be convicted twice for the same crime.
5. No one shall be held responsible on account of an action, which did not constitute a criminal offence at the time it was committed. The
law that neither mitigate nor abrogate responsibility shall have no retroactive force.
6. The accused shall have the right to request summonsing and interrogation of his/her witnesses under the same conditions as witnesses
of the prosecution.
7. Evidence obtained in contravention of law shall have no legal force.
8. No one shall be obliged to testify against himself/herself or those relatives whose circle shall be determined by law.
9. Everyone having sustained illegally a damage by the state, self-government bodies and officials shall be guaranteed to receive complete
compensation from state funds through the court proceedings.
Article 43
1. The protection of human rights and fundamental freedoms within the territory of Georgia shall be supervised by the Public Defender of
Georgia who shall be elected for a term of five years by the majority of the total number of the members of the Parliament of Georgia.
2. The Public Defender shall be authorised to reveal facts of the violation of human rights and freedoms and to report on them to
corresponding bodies and officials. The creation of impediments to the activity of the Public Defender shall be punishable by law.
3. The authority of the Public Defender shall be determined by the Organic Law.
Article 44
1. Everyone residing in Georgia shall be obliged to observe the requirements of the Constitution and legislation of Georgia.
2. The exercise of the rights and freedoms of an individual shall not infringe upon the rights and freedoms of others.
Article 45
The basic rights and freedoms enshrined in the Constitution with due regard to their contents shall apply to legal entities as well.
Article 46
1. In case of a state emergency or martial law, the President of Georgia shall be authorised to restrict the rights and freedoms enumerated
in Articles 18, 20, 21, 22, 24, 25, 30, 33 and 41 of the Constitution either throughout the whole country or a certain part thereof. The
President shall be obliged to submit the decision to the Parliament for approval within 48 hours.
2. In case of introduction of a state of emergency or martial law throughout the whole territory of the state, elections of the President of
Georgia, the Parliament of Georgia or other representative bodies of Georgia shall be held upon the cancellation of the state. In case of
introduction of a state of emergency in a certain part of the state the Parliament of Georgia shall adopt a decision on holding the elections
throughout the other territories of the state. (acquired a new wording by the Constitutional Law of Georgia of 6 February 2004).
Article 47
1. Foreign citizens and stateless persons residing in Georgia shall have the rights and obligations equal to the rights and obligations of
citizens of Georgia with exceptions envisaged by the Constitution and law.
2. In accordance with universally recognised rules of international law, the procedure established by law, Georgia shall grant asylum to
foreign citizens and stateless persons.
3. It shall be inadmissible to extradite/transfer an individual seeking a shelter, being persecuted for political creed or prosecuted for an
action not regarded as a crime under the legislation of Georgia.
On 26 May 1918, the Republic of Georgia declared its independence for the Transcaucasian Federation,
a union with Armenia and Azerbaijan following the collapse of the Russian Empire. On 21 February
1921, the Constituent Assembly adopted the Constitution of the Democratic Republic of Georgia, the first
fundamental law of the nation's history. The noble effort was short-lived for soon the nation was
overwhelmed by the armies of the Soviet Union. With the collapse of the Soviet Union, Georgia once
again asserted and achieved its independence on 1 April 1991. The nation became embroiled in civil war
over the next few years yet, despite the turmoil, Georgia adopted a new constitution on 24, August 1995.
The rights and liberties of the citizenry are detailed in Chapter Two and conform with the terms and
obligations as set forth in the 1948 Universal Declaration of Human Rights of which Georgia is a
signatory. For a full English translation of Georgia's constitution, click here.
a union with Armenia and Azerbaijan following the collapse of the Russian Empire. On 21 February
1921, the Constituent Assembly adopted the Constitution of the Democratic Republic of Georgia, the first
fundamental law of the nation's history. The noble effort was short-lived for soon the nation was
overwhelmed by the armies of the Soviet Union. With the collapse of the Soviet Union, Georgia once
again asserted and achieved its independence on 1 April 1991. The nation became embroiled in civil war
over the next few years yet, despite the turmoil, Georgia adopted a new constitution on 24, August 1995.
The rights and liberties of the citizenry are detailed in Chapter Two and conform with the terms and
obligations as set forth in the 1948 Universal Declaration of Human Rights of which Georgia is a
signatory. For a full English translation of Georgia's constitution, click here.