In our previous reports on the implementation of the Committee of Ministers Recommendation on Measures to Combat Discrimination on Grounds of Sexual Orientation or Gender Identity CM/Rec(2010)5 (published in 20121 and 20182), we noted that Georgian legislation was not explicitly discriminatory or excessively restrictive towards LGBTI individuals. However, in the following report, covering the years 2019–2024, the situation has reached a critically alarming state.
Following the second reporting cycle, the rhetoric of the Georgian government has become increasingly homophobic, discriminatory and marginalizing toward issues of sexual orientation and gender identity. By 2024, homophobia has profoundly shaped government policies and actions, resulting in the introduction of an anti-LGBTI constitutional amendment and the adoption of an anti-LGBTI legislative package.
The preamble to the Committee of Ministers Recommendation CM/Rec(2010)5 emphasizes that neither cultural, traditional, nor religious values, nor the rules of a "dominant culture," can be invoked to justify hate speech or any other form of discrimination, including on grounds of sexual orientation or gender identity. Yet, in clear opposition of this principle, on April 4, 2024, the ruling "Georgian Dream" party proposed a project of homophobic constitutional draft amendment under the name of "family values and the protection of minors."3
As the ruling party lacked a constitutional majority, the parliament was unable to secure the necessary support to enact this constitutional change. So that, in June 2024, the ruling party introduced an anti-LGBTI legislative package that includes the main law on “the Protection of Family Values and Minors”4 alongside with the amendments to 18 existing laws.5
The draft law mirrors the rhetoric of the proposed constitutional draft amendment, however, instead of necessitating a constitutional majority, it allowed the government to pass it and enforce repressive measures with a simple majority vote.
The legislative initiative immediately drew criticism from international institutions. On March 27, the Council of Europe Commissioner for Human Rights expressed her concerns over the law’s potential to reinforce harmful stereotypes about LGBTI individuals.6 Subsequently, on June 25, the Venice Commission urged Georgian authorities not to proceed with adopting the draft constitutional amendment, highlighting its inconsistency with the case-law of the European Court of Human Rights and Georgia's obligations under international treaties. Hence, Venice Commission emphasized that adopting such measures would fuel a hostile and stigmatising atmosphere against LGBTI people in Georgia. 7 On September 10, the Commissioner for Human Rights reiterated concerns about the ongoing legislative process, publishing a letter addressed to the Speaker of the Parliament. The letter called on to reject the draft law, which provides a legal footing for discrimination against LGBTI people and appears to be at variance with the European Convention on Human Rights.8
Ultimately, on September 17, 2024, the Parliament adopted the law in its third reading, under the misleading and populist title “on Protection of Family Values and Minors,” which we refer to as the anti-LGBTI law. The law was signed on October 3, 2024, and is set to take effect 60 calendar days from that date.
Despite its title, the content of the law clearly reveals that it does not aim to protect anyone but rather seeks to undermine fundamental rights and democracy. It practically curtails the ability of LGBTI individuals to exercise their fundamental rights, including those rights that were already inaccessible to them in practice. This is in direct contradiction to the protections enshrined in the European Convention on Human Rights, as well as to particular decisions of the European Court of Human Rights against Georgia, recommendations of the Committee of Ministers and other international human rights instruments that have called upon the Georgian government to safeguard these rights. Accordingly, the law not only contravenes national legislation—such as the Constitution of Georgia and the Law on the "Elimination of All Forms of Discrimination"9—but also violates Georgia's international obligations, principles, and standards under international law, including the European Convention on Human Rights.
In particular, the law comprises 13 articles and imposes numerous restrictions that severely undermine fundamental rights. It prohibits the registration of any form of marriage that does not involve union of two individuals of different biological sexes, as well as adoption and foster care by the person who does not assign himself/herself to any biological sex, or assigns himself/herself to a sex different from his/her biological sex, and/or whose sexual orientation does not belong to the category of heterosexuality. Additionally, it bans sex reassignment surgery and other gender-affirming medical manipulation, limiting access to legal gender recognition. The law further restricts the freedoms of assembly, expression, and dissemination of information and infringes on the right to education. Additionally, it invalidates any documentation or agreements in labor relations that omit references to biological sex, mandating adherence to gendered language within professional settings. The law designates a national holiday on 17th of May as the "Day of the Sanctity of Family and Respect for Parents." The law extends beyond targeting the LGBTI community, affecting other groups and broadly imposing censorship. Violations of the anti-LGBTI law are subject to administrative penalties and, in certain cases or repeated offenses, may result in criminal liability.10
A detailed analysis of each section of the anti-LGBTI law, in relation to the rights outlined in the Recommendation, will be scrutinized below.
This summary will expose the intent behind the anti-LGBTI law, which, in our view, amounted to pre-election manipulation designed to influence public sentiment, distract society from pressing issues, stoke irrational fears, and undermine the country’s progress toward European integration. By fostering and artificially amplifying homophobic attitudes within society, the government aimed to redirect public frustration—rooted in challenges related to healthcare, employment, education, housing, infrastructure, and the environment—toward one of the most vulnerable groups ahead of the elections. It is worth noting that the leader of the ruling party, Bidzina Ivanishvili, initially came to power by advocating for the rights of LGBTI individuals, emphasizing that they are ordinary citizens who deserve respect, just like any minority.11 However, after 12 years in power, utilizing homophobia has become one of the government’s last strategies for retaining power. Hence, Ivanishvili’s once-progressive stance has been replaced with rhetoric reducing LGBTI issues to “whatever one wants to do at home.”12 Now, the government weaponizes homophobic narratives, branding so-called “LGBT propaganda” as a threat, and employs a censorious legislative package to neutralize it. The essence of this law itself extends far beyond the LGBTI community. It sets a dangerous precedent, enabling the government to strip any citizen critical of its actions of rights guaranteed by the Constitution.
We believe that both, the adopted anti-LGBTI law and the proposed constitutional amendment serve as tools of intimidation and subjugation, aiming to establish total control that allow the government to label anyone as propagandists, control information, suppress expression, influence art and culture, impose censorship and deploy coercive measures against those who dissent.
We draw the attention of the Committee of Ministers to take note that, once the anti-LGBTI law is enacted, as from the 2nd of December, this may be the last report we are able to publish. Even any material we disseminate on social media could be scrutinized under the censorship provisions of the law, potentially resulting in administrative and, eventually, criminal liability.
Furthermore, coupled with the implementation of the "Law on Transparency of Foreign Influence,"13 designed to stigmatize non-governmental organizations, the anti-LGBTI law will make it nearly impossible for many community organizations in the country—including ours— to function or continue delivering vital services to LGBTI individuals in need.
In previous reports, we included recommendations for priority actions the government should take. However, this time, we are witnessing the intensification of authoritarian tendencies, the collapse of the legal system, and the government’s disregard for international human rights instruments. As a result, we do not address any recommendations to the government. Instead, we call upon international human rights institutions and the Committee of Ministers, urging them to take action to halt anti-democratic, anti-European and anti-LGBTI initiatives.
You can read the full report at the link:
CM/REC(2010)5 – Monitoring of Implementation 2019-2024
1 First shadow report on monitoring of implementation CM/Rec (2010)5; available at: https://wisg.org/Data/docs/publications/report/WISG_CM_REC20105_EN.pdf
2 Second shadow report on monitoring of implementation CM/Rec (2010)5; available at: https://wisg.org/Data/docs/publications/report/WISG-CMREC-2013-18-ENG.pdf
3 Project of Constitutional amendments; available at: https://info.parliament.ge/#law-drafting/28352
4 The law of Georgia “on the protection of family values and minors;” available at: https://matsne.gov.ge/en/document/view/6283110?publication=0
5 The legislative package composes of emending 18 existing laws, including: the civil code of Georgia, the law on adoption and foster care, the code of Child’s Rights, the law on protection of health, the law on civil acts, the law on the procedure for registering citizens of Georgia and aliens residing in Georgia, for issuing an identity (residence) card and a passport of a Citizen of Georgia, the law on early and preschool education, the law on general education, the law on professional education, the law on higher education, the law on broadcasting, the law on advertising, the law on freedom of speech and expression, the law on assemblies and demonstrations, the law on public service, the administrative code of offenses, the criminal code, the labour code. Available at: https://info.parliament.ge/#law-drafting/28703
7 Available at: https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2024)021-e
8 Available at: https://www.coe.int/en/web/commissioner/-/georgian-parliament-should-not-adopt-anti-lgbti-law%20and-should-refrain-from-using-stigmatising-rhetoric
9 The law of Georgia on Elimination All Forms of Discrimination; available at: https://matsne.gov.ge/en/document/view/2339687?publication=0
10 The law of Georgia “on the protection of family values and minors;” available at: https://matsne.gov.ge/en/document/view/6283110?publication=0
11 Available at: https://www.youtube.com/watch?v=SeFNrR0y1lQ
12 Available at: https://1tv.ge/news/bidzina-ivanishvili-gasagebia-ratom-ar-shevida-opozicia-lgbt-propagandis-winaaghmdeg-kanonis-gankhilvaze-imdenad-didia-sazogadoebis-rwmena-qristianobis-tradiciebis-chveni-identobisadmi-sheeshin/
13
The law of Georgia on transparency of foreign influence; available at:
https://matsne.gov.ge/en/document/view/6171895?publication=0
