A report on the Post-legislative Scrutiny (PLS) of Legal Norms Prohibiting Sexual Harassment in the Workplace and Public Spaces was presented by the Deputy Chairperson of the Legal Issues Committee of the Parliament of Georgia, Rati Ionatashvili, at a meeting of the Permanent Parliamentary Gender Equality Council. 

The report was prepared by the Legal Issues Committee and the Human Rights and Civil Integration Committee of the Parliament of Georgia in 2021, with the involvement of USAID/PROLoG expert Mariam Gaiparashvili.

In his presentation, Rati Ionatamishvili noted that sexual harassment is still a critical issue faced by the citizens of Georgia, especially women, both in the public sphere and in labor relations. He further noted that in many cases the law may be in full harmonization with international standards, but not sufficient to ensure proportionate legal processes on these issues.

"Although the legislative changes that we made have been positively assessed, including by stakeholders, it is a fact that it remains a major challenge to have victims of sexual harassment assert their rights. It is our obligation not only to respond to specific facts, but also to work to the point where any victim who feels humiliated or degraded will inevitably defend their rights.” – he said. 

The PLS involved different stakeholders that submitted written opinions about implementation of the legal norms in question and participated in public meetings: Common Courts, Public Defender’s Office, Ministry of Internal Affairs, Labor Inspection Office, Coalition for Equality, experts, and civil society representatives. 

A number of recommendations were issued in the framework of the PLS. One is to enact legislative changes to ensure the careful handling of sexual harassment cases against minors, including replacing the mandatory upper limit on fines for unwanted verbal/non-verbal contact with minors with penalties that may include a fine, corrective labor for up to one month, and/or administrative arrest. Also, administrative fines should be increased and a range of fines should be available so judges can determine the fine according to the gravity of conduct. Private and public institutions should implement anti-discrimination and sexual harassment prevention mechanisms in their workplaces. Also, more measures should be taken to raise awareness about sexual harassment.

The USAID Rule of Law Program will support the Human Rights and Civil Integration and Legal Issues Committees in drafting legislative amendments in the field of administrative and civil law based on the recommendations.