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04 Dec 2023

Legal Aid Service Leads Discussion of How to Provide Improved Access to Justice for Persons with Disabilities

The USAID Rule of Law Program, through its Kutaisi Rule of Law Hub, in collaboration with the State-funded Legal Aid Service (LAS), hosted a panel discussion on the right of access to judicial proceedings for persons with disabilities.

The event, organized in commemoration of the International Day of People with Disabilities, saw the participation of state institutions, lawyers, law faculty students, and civil society representatives, a number totaling 50 participants from the Imereti Region.

Herbert Bowman, Deputy Chief of Party of the USAID Rule of Law Program, in his welcome remarks stressed upon the importance of the right to access the court for every citizen of Georgia. He emphasized the significant role of state institutions in ensuring the proper accessibility of services, along with society's responsibility to heighten awareness regarding the rights of persons with disabilities.

David Simonia, Director of the LAS, acknowledged the responsibility of state institutions to establish standards for vulnerable groups. He highlighted the service's initiatives to enhance the accessibility of legal services for their beneficiaries.

Gela Beradze, Head of the LAS’s Zetaponi Bureau, and Esma Norakia, LAS Kutaisi Bureau head, explained the importance of safeguarding the rights of persons with disabilities and the role LAS takes in this process. She reported that over the past three years, LAS provided counseling and advocacy services in around 16,000 cases throughout Georgia. She noted LAS’s adoption of an internal action plan, as per the requirements of the Law on the Rights of Persons with Disabilities with diverse obligations, including expanding the availability of legal aid and representation in court. The service also developed a website (https://www.children.las.ge/) fully adapted for persons with disabilities.

Darine Saldadze, Head of the Kutaisi Branch of the Georgian Young Lawyer's Association, addressed challenges in the procedures of enforcement agencies and administrative bodies. She highlighted obstacles within the institution of guardianship, citing issues in court practice where the rights of persons with disabilities are inadequately protected, and decisions lack proper justification. Darine Saldadze also pointed out challenges in handling cases involving persons with disabilities, both in administrative bodies and law enforcement agencies. Varying interpretations and approaches to the rights of persons with disabilities and in case handling were identified as contributing factors that impeded individuals with disabilities from effectively protecting their rights.

The final speaker, Nino Elbakidze, a Human Rights expert, spoke of the need to implement the standards of the UN Convention on the Rights of Persons with Disabilities. She highlighted several challenges, including attitudinal barriers among law enforcement and legal professionals who perceive and treat persons with disabilities as less important or possessing fewer skills throughout all stages of the legal process.

During the event, representatives from civil society advocating for the rights of persons with disabilities addressed the existence of physical barriers at state institutions and the Kutaisi City Court. They highlighted the absence of adapted services, prompting a consensus among attendees that specialized training should be provided to judges and lawyers handling cases involving persons with disabilities. Students participating in the discussion expressed concerns about the absence of university courses focusing on the rights of persons with disabilities.

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