Georgia is located at the easternmost point of Europe and the
westernmost point of Asia. Georgia borders the Black Sea, Russia,
Turkey, Armenia, Azerbaijan. Ethnically 86% are Georgians, and the rest
are Azerbaijanis, Armenians, Russians etc. The official language is
Georgian. 83% of citizens follow Georgian Orthodox Christianity. The
population of this country is approx 36,88,000 with 69,700 square
kilometers area.
Article 5 of the Constitution clearly
mentions the state as a social state, through which socio-economic
security, health care, minimum housing services, employment,
environmental security etc. are ensured. The use of torture, humiliating
punishment is prohibited. The right to freedom of opinion, information,
media and use of the Internet is guaranteed. However, limitations of
these rights may be permitted only in accordance with law, to ensure
national security and territorial integrity, to protect the rights of
others, to protect information recognized as confidential.
These are positive aspects. Now let's discuss the negative aspects.
The Constitution recognizes "universally recognized human rights". What
is universal? Do people eat it or sleep on it? There are million mile
differences between Pakistan's concept of human rights and Sweden's
concept of human rights. There is no such thing as "universal" when it
is related to human rights or to justice. There is only as much as
mentioned in the constitution of the state and the laws made according
to the constitution. According to Clause 5 of Article 13 "The detention
period for an accused person shall not exceed 9 months." This is enough
to spell the grave of democracy and human rights.
Some parts of
Georgia are autonomous. Elections and the conduct of Parliament are
complex. There is an option to invoke martial law during a state of
emergency.
Admirable Articles of Georgia's Constitution
Article 5. Social state (Part of it)
2. The State shall take care of strengthening the principles of social justice, social equality and social solidarity within society.
3. The State shall take care of the equitable socio-economic and demographic development in the entire territory of the country. Special conditions for the development of high mountain regions shall be determined by law.
4. The State shall take care of human health care and social protection, ensuring the subsistence minimum and decent housing, and protecting the welfare of the family. The State shall promote the employment of citizens. Conditions for providing the subsistence minimum shall be determined by law.
5. The State shall take care of environmental protection and the rational use of natural resources.
6. The State shall take care of the protection of national values, identity and cultural heritage, and of the development of education, science and culture.
7. The State shall take care of the development of sports, establishing a healthy lifestyle, and engaging children and youth in physical education and sports.
8. The State shall take care of maintaining and developing connections with the homeland for Georgian compatriots residing abroad.
Article 9. Inviolability of human dignity
1. Human dignity shall be inviolable and shall be protected by the State.
2. Torture, inhuman or degrading treatment, and the use of inhuman or degrading punishment shall be prohibited.
Article 10. Rights to life and physical integrity
1. Human life shall be protected. The death penalty shall be prohibited.
2. The physical integrity of a person shall be protected.
Article 11. Right to equality
1. All persons are equal before the law. Any discrimination on the grounds of race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds shall be prohibited.
3. The State shall provide equal rights and opportunities for men and women. The State shall take special measures to ensure the essential equality of men and women and to eliminate inequality.
4. The State shall create special conditions for persons with disabilities to exercise their rights and interests.
Article 17. Rights to freedom of opinion, information, mass media and the internet (Part of it)
1. Freedom of opinion and the expression of opinion shall be protected. No one shall be persecuted because of his/her opinion or for expressing his/her opinion.
4. Everyone has the right to access and freely use the internet.
5. The restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring the independence and impartiality of the judiciary.
Article 21. Freedom of assembly
1. Everyone, except those enlisted in the Defence Forces or bodies responsible for state and public security, shall have the right to assemble publicly and unarmed, without prior permission.
2. The law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare.
3. Authorities may terminate an assembly only if it assumes an unlawful character.
Article 71. State of emergency and martial law
2. In cases of mass unrest, the violation of the country's territorial integrity, a military coup d'état, armed insurrection, a terrorist act, natural or technogenic disasters or epidemics, or any other situation in which state bodies lack the capacity to fulfil their constitutional duties normally, the President of Georgia shall, upon recommendation by the Prime Minister, declare a state of emergency across the entire territory of the country or in any part of it, and shall immediately present this decision to Parliament for approval. The decision shall enter into force upon the announcement of the state of emergency. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void. Emergency powers shall only apply to the territory for which the state of emergency is declared.
Facts of Georgia's Constitution
Preamble
We, the citizens of Georgia - whose firm will it is to establish a democratic social order, economic freedom, and a legal and a social state; to secure universally recognised human rights and freedoms; and to enhance state independence and peaceful relations with other peoples - drawing on the centuries-old traditions of the statehood of the Georgian nation and the historical and legal legacy of the Constitution of Georgia of 1921, proclaim this Constitution before God and the nation.
Article 4. Legal state (Part of it)
2. The State acknowledges and protects universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law. The Constitution shall not deny other universally recognised human rights and freedoms that are not explicitly referred to herein, but that inherently derive from the principles of the Constitution.
5. The legislation of Georgia shall comply with the universally recognised principles and norms of international law. An international treaty of Georgia shall take precedence over domestic normative acts unless it comes into conflict with the Constitution or the Constitutional Agreement of Georgia.
Article 13. Human liberty
5. The detention period for an accused person shall not exceed 9 months.
Article 27. Right to education and academic freedom (Part of it)
1. Everyone has the right to receive education and the right to choose the form of education they receive.
Article 28. Right to the protection of health
1. The right of a citizen to affordable and quality health care services shall be guaranteed by law.
2. The State shall exercise control over all health care institutions and the quality of medical services, and shall regulate the production and circulation of pharmaceuticals.
Article 29. Right to environmental protection
1. Everyone has the right to live in a healthy environment and enjoy the natural environment and public space. Everyone has the right to receive full information about the state of the environment in a timely manner. Everyone has the right to care for the protection of the environment. The right to participate in the adoption of decisions related to the environment shall be ensured by law.
2. Environmental protection and the rational use of natural resources shall be ensured by law, taking into account the interests of current and future generations.
Article 31. Procedural rights (Part of it)
1. Every person has the right to apply to a court to defend his/her rights. The right to a fair and timely trial shall be ensured.
6. No one shall be obliged to prove his/her innocence. The burden of proof shall rest with the prosecution.
10. Evidence obtained in violation of the law shall have no legal force.
Article 37. Parliamentary elections (Part of it)
1. Following the full restoration of Georgia's jurisdiction throughout the entire territory of Georgia, two chambers shall be established within Parliament: the Council of the Republic and the Senate. The Council of the Republic shall be composed of members elected by a proportional system. The Senate shall be composed of members elected from the Autonomous Republic of Abkhazia, the Autonomous Republic of Ajara and other territorial units of Georgia, and five members appointed by the President of Georgia. The composition, powers, and procedures for the election of chambers shall be determined by the organic law.
6. The mandates of Members of Parliament shall be distributed only to those political parties that receive at least 5 % of valid votes cast in the elections. To determine the amount of mandates received by a political party, the amount of votes received by this party shall be multiplied by 150 and divided by the total number of votes received by all political parties that received at least 5 % of valid votes cast in the elections. The integer part of the number thus derived is the amount of mandates received by the political party. If the total amount of mandates received by political parties is fewer than 150, the political parties with the best results shall receive the undistributed mandates in a successive manner.
Article 52. Powers of the President of Georgia
h. be entitled, upon recommendation by the Government and with the consent of Parliament, to suspend the activity of a representative body of a territorial unit, or to dissolve such a body, if its activities threaten the sovereignty or territorial integrity of the country, or the exercise of constitutional powers by state bodies;
Article 71. State of emergency and martial law
1. In cases of armed attack, or a direct threat of armed attack on Georgia, the President of Georgia shall, upon recommendation by the Prime Minister, declare martial law, sign a truce (provided that the appropriate conditions are in place), and shall immediately present these decisions to Parliament for approval. The decision to declare martial law shall enter into force upon its announcement. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void.
