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Thursday, 29 September, 2022
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Rati Bregadze Delivers a Speech at the Ministerial Meeting of the Member States of the Council of Europe

A ministerial meeting of the member states of the Council of Europe is being held in Dublin, which deals with issues of prevention of domestic and gender-based violence. The heads of the ministries of justice of European countries are attending the conference. The Georgian delegation is headed by Rati Bregadze.

The Minister of Justice of Georgia delivered a speech today at the event and talked about the institutional and legal reforms that have been implemented in the country to tackle violence against women and the family.

The Minister noted that the fight against gender-based violence is one of the priorities of the Georgian government.

"Gender equality, elimination and prevention of violence against women and domestic violence remains one of the priorities on the Georgian government's agenda. The legal and institutional reforms carried out over the past years are the best illustration of our approach to gender. Our policy is based on 4 principles: prevention of violence, protection of victims, effective investigation and interagency cooperation. All these directions are fully reflected in the legal and institutional mechanisms, including in the second national strategy and thematic action plans for the protection of human rights in Georgia for 2022-2030", - noted the Minister of Justice.

First Deputy Minister of Justice, Tamar Tkeshelashvili and Deputy Minister, Beka Dzamashvili also participate in the conference.

Within the framework of the Dublin conference, a declaration on the prevention of sexual and gender-based violence in the family will be adopted. The declaration calls on states to strengthen national mechanisms for tackling domestic violence, violence against women; Focus on the rehabilitation of perpetrators and correction of violent behavior, and urge states to ratify the Istanbul Convention.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.