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Thursday, 14 April, 2022
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Ministry of Justice Presents 2022 Action Plan for the Protection of the Rights of Persons with Disabilities

Harmonization of Georgian legislation with the UN Convention on the Rights of Persons with Disabilities; Increasing access to services for the disabled persons in the system of the Ministry of Justice by adapting services and infrastructure; Protecting the rights of persons with disabilities and convicts in a penitentiary institution according to their specific needs - these are the issues to which the document on the protection of the rights of persons with disabilities pays special attention.

The presentation of the action plan was held today. The meeting was chaired by Deputy Minister of Justice, Buba Lomuashvili. The Deputy Minister also briefed the participants on the measures already taken by the Ministry to protect the rights of persons with disabilities and improve access to services.

As it was mentioned at the meeting, from 2021 it is possible to enter the status of a person with disabilities for life on the electronic ID card; Adapted services for the deaf and hard of hearing are introduced; Infrastructure was adapted for people with disabilities; The process of adapting the official websites of the system agencies of the Ministry of Justice has started, etc.

The event was organized by the Analytical Department of the Ministry of Justice and supported by the United Nations Development Program (UNDP). The meeting was attended by persons with disabilities, human rights defenders and donor organizations. Some of them participated in the presentation from the regions, remotely.

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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.