The Venice Commission publishes an opinion regarding the constitutional law “On Family Values and Protection of Minors”.
The Venice Commission regrets that the so-called the introduction of legislative initiatives against LGBT propaganda occurred during a period of long-term numerous protests and strong political tensions.
“First of all, the Venice Commission expresses its regret that the legislative initiative, which aims to supplement the Constitution of Georgia and deals with very sensitive issues, has been launched in a period characterized by strong and long-lasting numerous protests and strong political and social tensions, especially in the conditions when it “It takes place just a few months before the elections and ignores the concerns raised by several international observers,” the Venice Commission said in its opinion.
As for the legal context, the Venice Commission recommends Georgia to completely review the legislative initiative and not continue to adopt it.
In addition, the Commission believes that the compliance of the amendments with European and international standards cannot be established, and even the proposal to adopt such a text poses the risk of further aggravating the hostile and stigmatizing environment against the LGBTI community in Georgia.
“Furthermore, the Venice Commission recommends a detailed and well-grounded analysis of the impact on the national system before adopting new amendments, involving all segments of society, especially representatives of sexual and gender minorities, as well as experts and professionals from the relevant sectors (law, health, education, social care, etc.). Such an analysis should be made public and conducted at a time appropriate for frank and unbiased consultation, allowing for a frank and unbiased assessment of the issues at hand.
As for the legal assessment of the draft constitutional law, taking into account the case law of the European Court of Human Rights and the previous opinions of the Venice Commission on the mentioned issue, the Commission considers that the compliance of the [initiated legislative] amendments with European and international standards cannot be established for the above-mentioned reasons, and even the proposal to adopt such a text in Georgia LGBTI It risks (further) exacerbating a hostile and stigmatizing environment against people. Accordingly, the Commission recommends to the officials of Georgia to completely review this legislative initiative and not to proceed with its adoption”, – reads the opinion of the Venice Commission.
