The Georgian authorities continue to fail to implement the European Court's judgment in the case of "A.D. and Others v. Georgia" concerning the legal gender recognition of transgender individuals. Five leading human rights organizations revealed This information in a report submitted to the Committee of Ministers of the Council of Europe.

On December 1, 2022, the European Court ruled that Georgia had violated Article 8 of the Convention (right to respect for private life) due to the lack of a quick, transparent, and accessible procedure for legal gender recognition in the country. The Court called on the Georgian authorities to develop an appropriate legislative framework. However, as the report reveals, the authorities have not taken concrete steps in this direction. On the contrary, in April 2024, the Georgian Parliament initiated legislative initiatives to adopt discriminatory laws prohibiting legal gender recognition.

The report provides specific examples of transgender individuals being denied gender marker changes despite presenting relevant medical documentation. The LEPL Public Service Development Agency refused to change gender markers because no documentation confirming "biological sex change" was given.

The authors of the report emphasize that the Georgian government's inaction and the Parliament's regressive initiatives pose a serious threat to the rights of transgender individuals and contradict the European Court's decision. The report also highlights the growing anti-gender and anti-trans rhetoric in Georgia, with government representatives attending conservative conferences promoting "traditional values" and opposing LGBTQ+ rights. This stands in stark contrast to the unified stance of civil society organizations emphasizing the need to address legal gender recognition.

The proposed legislative changes, if adopted, would not only prevent the establishment of the required procedure for legal gender recognition but would also eliminate the existing, albeit limited, practice of allowing gender marker changes after gender-affirming surgery. Moreover, the draft law "On Protection of Family Values and Minors" declares inadmissible any medical procedure that some trans individuals undergo during the transition process. This contradicts the Constitution of Georgia and the practice of the European Court of Human Rights.

The human rights organizations call on the Committee of Ministers to schedule the case for examination at the earliest convenience and express serious concern about the failure to execute the judgment promptly, fully, and effectively. They also urge the Georgian Government to ensure that LGBTI community organizations and CSOs with relevant expertise are included in every phase related to the development or effective implementation of any law or administrative procedure.

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