Committee on Economic, Social and Cultural Rights
List of issues in relation to the third periodic report of Georgia *
1.The State party is invited to submit in writing the information requested below (preferably not exceeding 10,700 words) by 30 November 2024 .
A. General information
2.Please provide information on measures taken to ensure that the Covenant rights are fully justiciable in the domestic legal order. Please provide updated information on cases in which the Covenant has been invoked before or applied by courts. Please indicate whether the Office of the Public Defender (Ombudsman) is provided with adequate financial and human resources to enable it to effectively promote and protect the economic, social and cultural rights enshrined in the Covenant, including in the area of discrimination, in accordance with the anti-discrimination legislation adopted in 2014.Please describe the measures taken to ensure the independence of the judiciary for the protection of economic, social and cultural rights. Please provide information on how the legislature was involved in the implementation of and follow-up to the previous concluding observations.
3.Please provide information on the results achieved with regard to the implementation of the national action plan for the implementation of the chapter on business and human rights within the National Human Rights Action Plan. Please also provide information on the measures in place to ensure that business entities apply human rights due diligence throughout their operations, including when operating overseas.
4.Please provide information on measures taken by the State party with regard to the mitigation of climate change, including specific measures, and their impact, to meet the nationally determined contributions for reducing emissions that the State party has set itself under the Paris Agreement. Please also provide information on the progress made in reducing per capita greenhouse gas emissions and on targets that the State party has set for further reductions. With respect to climate change adaptation policies and measures, please provide information on:
(a)How the State party assesses the impacts of climate change on the enjoyment of economic, social and cultural rights, in particular for marginalized and disadvantaged individuals and groups;
(b)The preliminary results of the National Climate Change Strategy 2030 and its Action Plan 2021–2023;
(c)The preliminary results of the Agriculture and Rural Development Strategy 2021–2027;
(d)Measures taken to strengthen preparedness for and responses to natural disasters, disaster risk reduction measures and measures taken to adopt a strategy to this end, with an adequate allocation of financial resources.
B.Issues relating to the general provisions of the Covenant (arts. 1–5)
Maximum available resources (art. 2 (1))
5.Please provide information on the situation of poverty in the State party, including disaggregated statistical data, the measures taken and the effectiveness of such measures to reduce the incidence of poverty, particularly among the more vulnerable and marginalized groups.
6.Please provide updated information on the evolution of the following, covering the past 10 years:
(a)The proportion of the population living below the nationally defined poverty line;
(b)Levels of inequality, before and after taxes and transfers, if possible defined as the ratio between the total income of the richest 10 per cent of the population and the total income of the poorest 40 per cent and as the ratio between the assets owned by the richest 10 per cent of the population and the assets owned by the poorest 50 per cent;
(c)The economy, in particular through the annual variations of gross domestic product (GDP), GDP per capita and the level of public debt in proportion to GDP;
(d)The proportion of public revenue generated through taxes and as a percentage of GDP, the proportion of public revenue obtained through direct and indirect taxes, the corporate tax revenue rate and the percentage of total revenue generated from personal tax collected on the incomes of the richest 10 per cent of the population, as well as provide an evaluation of the amount of tax evasion and tax avoidance and the fiscal cost of the main tax benefits;
(e)Public expenditure as a percentage of GDP and, within total public expenditure, the proportion of the public budget allocated to social spending, including social security, food, water and sanitation, housing, health and education;
(f)The proportion of the public budget allocated to defence;
(g)Any fiscal policies adopted in response to the coronavirus disease (COVID-19) pandemic.
7.Please provide information with regard to the implementation of the State party’s anti‑corruption legislation, including relevant anti-corruption strategies and action plans elaborated by the Anti-Corruption Council, and describe concrete efforts to combat bribery and other acts of corruption, paying particular attention to land administration, the State electronic procurement system and tax administration. Please also provide statistical data on the number of cases of corruption prosecuted in the past five years, the sanctions imposed on the perpetrators and the assets resulting from corruption that have been recovered, taking into account the transnational dimensions of those crimes where relevant. Please indicate the legislative or other measures that have been put in place to protect whistle-blowers and to ensure the protection of and remedies for victims of corruption. Please provide information on what has been done to implement recommendations from the Financial Action Task Force.
Non-discrimination (art. 2 (2))
8.Please provide an update on the implementation to date of the Law on Elimination of All Forms of Discrimination (2014), including the steps being taken to prohibit discrimination on all the grounds, including race, political and other opinions, property, birth and other status. Please provide data on cases of discrimination in relation to the enjoyment of economic, social and cultural rights examined by domestic courts and their outcome. Please provide information on measures taken, and the impact thereof, to combat discrimination, including against LGBTQI+ persons, persons from minority groups, persons with disabilities and religious minorities. Please also provide information on steps taken to ensure equal rights for same-sex couples.
Equal rights of men and women (art. 3)
9.Please provide updated information, including disaggregated statistical data, on the laws and measures on achieving equality between men and women. Please also provide updated information on the representation of women, including women from disadvantaged and marginalized groups, in political and public life, including in Parliament, municipal and regional councils and executive authorities at different levels. Please provide information on the measures taken, and their impact, to close the gender pay gap.
C.Issues relating to the specific provisions of the Covenant (arts. 6–15)
Right to work (art. 6)
10.Please provide information on the measures taken since the beginning of the COVID‑19 pandemic to prevent a sharp increase in the unemployment rate. In that regard, please provide information on the impact of those measures on combating unemployment among disadvantaged and marginalized groups, in particular youth and internally displaced women, and on reducing long-term unemployment. Please provide information on the measures taken (including reasonable accommodation), and their impact, to improve the participation rate of persons with disabilities in the labour market.
11.Please provide updated information on measures taken, and their impact, by the State party to combat unemployment in general. Please also provide information on how the National Strategy of the Labour and Employment Policy for 2019–2023 has been implemented so far, in particular with regard to its effects on labour force participation, including that of women.
Right to just and favourable conditions of work (art. 7)
12.Please provide information on measures taken, and their impact, to reduce the size of the informal economy, to regularize the status of persons in vulnerable situations and to ensure that persons working in the informal economy and non-standard forms of employment are protected by just and favourable working conditions in areas such as remuneration, working hours, health and safety, and social protection.
13.Please provide information on any legislative and other measures taken in the last five years, and their impact, to effectively protect the rights of workers to just and favourable conditions of work, including fair remuneration, a minimum wage, reasonable working hours, and health and safety. Please provide statistical information on the number of inspections carried out in the area of labour rights, including health and safety at work, by the Labour Inspection Service since 2021, and their outcome. Please provide information on any envisaged ratification of International Labour Organization conventions, including those related to occupational safety and health.
14.Please provide examples of cases of pay discrimination examined by the courts. Please provide information on the State party’s measures to enforce legal provisions prohibiting discrimination in remuneration on the basis of sex, disability, race, religion, nationality, sexual orientation, gender identity or political beliefs.
Trade union rights (art. 8)
15.Please provide information on any discussions in the State party on ratifying the International Labour Organization Collective Bargaining Convention, 1981 (No. 154). Please also provide information on measures taken by the State party, and their impact, to ensure the effective enforcement of the legal right to strike, to collective bargaining and to organize, as well as to ensure legal protection against anti-union discrimination by employers. Please provide information on measures taken, and their impact, to ensure the functioning of the Labour Inspection Service.
Right to social security (art. 9)
16.Please provide detailed information on the percentage and actual numbers of retirees covered by, respectively, the State Pension and the Funded Pension, including by geographic location, sex and nationality.
17.Please provide more information on the eligibility criteria for the subsistence allowance, its level expressed as a percentage of the median income, as well as updated detailed information on the percentage and actual number of families receiving the allowance. Please provide information on legislative and other measures taken to introduce social insurance schemes for employment injury and unemployment, and the number and proportion of the working-age population not covered by each of the social insurance schemes in place. Please also provide information regarding the development of plans to develop a social code.
Protection of the family and children (art. 10)
18.Please provide information on the preliminary results of the National Action Plan against Trafficking in Human Beings 2022–2024. Please explain how the accession of the State party to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) has contributed to the protection of the family and children by providing information on its implementation, including in relation to supporting victims, and additional and updated statistical data on cases of domestic violence, taking into account the rise in domestic violence during the COVID-19 pandemic. Please provide information on measures taken, and their impact, to prevent harmful practices, such as forced marriage, child marriage and bride kidnapping. Please provide information on measures taken, and their impact, to ensure adequate conditions and an enabling family environment in orphanages.
Right to an adequate standard of living (art. 11)
19.In the absence of a housing policy, please provide an update on the impact of measures taken to address homelessness and the number of homeless persons. Please provide information on efforts made to ensure that all persons have access to adequate and affordable housing, including on the number of housing units owned by municipalities and other actors, and whether the availability of social housing is commensurate with the needs identified, also in the context of the high number of internally displaced persons, rising rents and the increased influx of foreign citizens. Please explain why the right to housing is not covered in the 2022–2030 National Human Rights Strategy.
20.In the light of rising inflation, please outline measures taken to tackle child malnutrition and to ensure that everyone has access to adequate food supplies, including information on the implementation of the subprogramme on assistance to families having children in crisis of the State Programme of Social Rehabilitation and Childcare. Please also provide information on measures taken, and their impact, to alleviate child poverty and to provide support to child-rearing families suffering from poverty.
Right to physical and mental health (art. 12)
21.Please provide information on the general state of health care in the State party, including the impact of the COVID-19 pandemic on the viability of the broader health-care system, including the backlog of operations, medical examinations and other medical procedures.
22.Please provide information on measures taken, and their impact, to ensure access to essential health services for people using drugs, as well as any potential plans to reform drug‑related legislation and policies to reorient the focus from individual drug users to distribution and sales networks. Please also provide information on the preliminary results of the Mental Health Strategy for 2022–2030.
23. Please provide information on the status of the draft strategy for eliminating the transmission of sexually transmitted infections from mother to foetus. Please provide information on educational programmes in the school system regarding sexual and reproductive rights. Please also provide information on any measures taken, and their impact, to ensure that national regulations regarding abortion are in accordance with international guidelines and the Covenant. Please also provide information on the capacity for medical treatment being provided to persons from Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia.
Right to education (arts. 13 and 14)
24.Please provide information on specific measures taken to address the negative impact of the disruption to education resulting from the COVID-19 pandemic on children’s access to education, taking into account any disproportionate effects on disadvantaged and marginalized children. Please also provide specific information on actions taken to address gaps in learning identified during school closures owing to COVID-19. Please also provide information on measures taken, and their impact, to ensure inclusion of students with disabilities, and students from ethnic and linguistic minorities at higher educational institutions (universities).
25.Please provide concrete information on measures taken, and their impact, to facilitate access to quality education for young persons living in Abkhazia, Georgia, and Tskhinvali region/South Ossetia, Georgia, within the reconciliation and engagement policy.
Cultural rights (art. 15)
26.Please provide information on the preliminary status of implementation of the Culture Strategy 2025, including the stated goal of making culture accessible to all members of society and, at the same time, promoting the diversity of cultural self-expression. Please also provide specific information on the support and funding of national and ethnic minority organizations to implement cultural activities. Please provide information on measures taken, and their impact, to ensure unhindered and affordable access to the Internet, including in rural areas and among disadvantaged groups. Please provide information on the results of the Strengthening Media Freedom, Internet Governance and Personal Data Protection project 2021–2023.