PHR Wins a Landmark Case on Behalf of Persons with Disabilities
The Partnership for Human Rights (PHR) helped improve access to justice for people with disabilities in a case of discrimination concerning notary services. On June 25, 2024, the Tbilisi City Court found there was discrimination against persons with disabilities and ordered compensation for moral damages. PHR litigated the case with the support of the USAID Rule of Law Program.
In this case, N.K. and M.A. who were people with disabilities needed help making many important life decisions. In September 2017, N.K. and M.A. approached a notary, seeking the power of attorney to grant PHR lawyers the power to represent them in court. After a brief visual assessment, the notary, without proper evaluation, refused to sign a power of attorney, disregarding the lawyer's insistence on properly assessing their capacity. Consequently, the notary refused to grant power of attorney to persons with disabilities. This decision was made based on the assumption that N.K. and M.A. were unable to decide on granting the lawyer representation power.
The case was brought to Tbilisi City Court in 2017, and its consideration began in 2023. During the consideration of the case, the notary also allegedly made discriminatory comments and voiced hateful words toward women with disabilities. On June 25, Judge Ketevan Kutchava, in a landmark decision, upheld the principles of justice and equality and established that the notary's refusal of services to persons with disabilities based on a visual assessment, without proper evaluation, was discriminatory. The court also ordered the compensation of moral damages, setting a precedent for future cases. This drew attention to the flaws in the process of receiving public services for persons with psychosocial needs.
It is worth noting that the notary is a state-regulated profession that operates under public law. Consequently, their services should be accessible and be provided equally for all. Therefore, denial to provide public service was discrimination and put barriers for persons with disabilities.
