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Supporting the Right and Opportunity

of the Persons with Disabilities to


Participate through the bodies of the
Local Self-governments in Georgia
Monitoring Report of Strategic Litigation

Tbilisi
2016

Project funded by the


European Union

Project funded by the Open Society


Georgian Foundation

The monitoring report is made within the framework of EU and Open Society
Georgia Foundation project Supporting the right and opportunity of the
persons with disabilities to participate through the bodies of the local selfgovernments in Georgia.
In 2014-2015 years, in Tbilisi city, Guria and Kvemo Kartli regions the project
was implemented by non-governmental organizations: 42nd Article of
Constitution, Partnership for Human Rights and Accessible Environment
for Everyone.
This publication has been produced with the assistance of the European
Union. The contents of this publication are the sole responsibility of the
author and can in no way be taken to reflect the views of the European Union.
The opinions of the author/authors expressed in the informational material
may not express the position of Open Society Georgia Foundation, therefore
the foundation is not responsible for the content of the material.
The monitoring report is made by a non-governmental organization
Partnership for Human Rights.
Author: Nana Gochiasvhili
Participants of report preparation: Ana Arganasvhili, Ana Abashidze
Translated by: Tengiz Nozadze

Table of Contents
Introduction............................................................................................................................4
I. Project review.......................................................................................................................5
1. About project................................................................................................................5
2. Goals of the Project....................................................................................................5
3. Project Tasks.................................................................................................................5
4. Project Target Groups................................................................................................5
II. Community Communication Strategy.......................................................................6
1. Consultations...............................................................................................................6
2. Recommendations.....................................................................................................8
2.1. Recommendation for the Commission of Social Affairs of Ozurgeti
City Assembly on the Changes that should be Made in the Charter............8
2.2. Recommendation for the Education, Youth and Social Affairs...............8
Department of Ozurgeti Municipality on Pre-school Inclusive Education
2.3. Recommendation on the Adaptation of Physical Environment of
Student Housing..............................................................................................................9
2.4. Recommendation on the Adaptation of Physical Environment of the
Shelter for the Homeless People................................................................................9
2.5. Recommendation on the Adaptation of Physical Environment of the
University Metro Station.............................................................................................10
2.6. Recommendation on the Availability of Agendas of the Meetings of
Council and Commission............................................................................................11
2.7. Recommendation Related to the Procurement of New Public
Transport in Tbilisi.........................................................................................................11
2.8. UPR Report about the Gaps in the Process of the Protection of Rights
of Persons with Disabilities........................................................................................12
3. Communication.........................................................................................................12
3.1. Administrative Proceedings...............................................................................12
3.2. Proceedings in the Court....................................................................................14
3.2.1. D.Ch. Against Gardabani Municipality......................................................14
3.2.2. S.K. against Kutaisi City Municipality..........................................................15
3.2.3. K.N. Against Tbilisi city Municipality Council..........................................16
III. Conclusion........................................................................................................................17

Introduction
The monitoring report describes the activities of strategic proceedings
implemented within the project Supporting the right and opportunity of
the persons with disabilities to participate through the bodies of the local
self-governments in Georgia and these are united in the document of the
community communication strategy.
The project was implemented in 2014-2015 in Tbilisi city, Rustavi city, Ozurgeti
city and Ozurgeti municipalities with the financial assistance of the EU and
Open Society Georgia Foundation.
The goal of the monitoring report is to evaluate the correspondence of the
activities implemented within the community communication strategy with
the project goals and tasks.
The evaluation of the community communication strategy is based on
a logical frame, that consists of the project goals and tasks, indicators of
achieving them, possible results and list of activities with appropriate
indicators needed to achieve these results.
The monitoring report of strategic proceedings consists of three chapters.
The first chapter includes the review of project planned activities, goals, tasks
and project target groups.
The second chapter includes the review of the community communication
strategy, where the activities implemented within the strategic proceedings
are included: Legal consultations of a non-governmental organization
Partnership for Human Rights made within the project, recommendations
prepared for the protection of rights of persons with disabilities living in
target municipalities, produced administrative and court cases.
The third chapter is a summary, where there is given the analysis of the results
and challenges achieved by strategic proceedings.

I. Project review
1. About project
The project Supporting the right and opportunity of the persons with
disabilities to participate through the bodies of the local self-governments
in Georgia was being implemented from February 1, 2014 until January 31,
2016 in three regions of Georgia: Guria, Kvemo Kartili and Tbilisi city.
The main goal of the project was to ensure the involvement of persons with
disabilities in the activities of the local self-government and decision making
process, to promote the realization of their civil and political rights to access,
take part and get involved in the activities of the local self-government.

2. Goals of the Project


Active involvement of persons with disabilities of target municipalities in the activities of the self-government and decision making
process;
To inform the staff of the local self-government and increase their
possibilities for planning the programs adjusted to the needs and
priorities of the persons with disabilities living in their municipalities.

3. Project Tasks
To increase the possibilities of the persons with disabilities and
mobilize the human resources in target municipalities;
To achieve accountability and transparency of the local selfgovernment activities.
Research of the individual needs and priorities of the persons with
disabilities in target municipalities and further advocating;
To develop and implement community communication strategy by
the self-government bodies and citizens of these municipalities;
To make the society and the local self-government bodies increase
the awareness of the rights of persons with disabilities and the
involvement of citizens in the activities of the local self-government;

4. Project Target Groups


Persons with disabilities;
Parents of children with disabilities;

Organizations of persons with disabilities;


Non-government organizations operating in the target municipalities;
Representatives of the local self-governments of the target
municipalities;

II. Community Communication Strategy


One of the goals of the project was to develop a community communication
stratety that consisted of three components: giving consultations to persons
with disabilities in target municipalities, develop recommendations for the
problems raised on public discussions, trainings and working meetings by
persons with disabilities and deliver them to local self-governments and
communication, the goal of which, in case of address from persons with
disabilities, was to search the ways of solving problems by using strategic
proceedings.
Its true that the mission of the project planned activities was to solve the
long-term problems of all persons with disabilities in target municipalities,
but at the same time, to achieve the goals and tasks of the project, it was
important to solve the problems effectively and timely by using strategic
proceedings.
To achieve the result the needed activity planned by the logical frame was
to develop a community communication stratety that consisted of the
following indicators:
Consultations;
Recommendations;
Communication.

1. Consultations
About 100 consultations were made during the project. Consultations were
mainly done by telephone. For this reason consultations were also made
about the individual cases raised by the participants of trainings, public
discussions and working meetings. They concerned the following topics:
Appointment of social assistance for persons with disabilities and
illegal removal of assistance (7 cases):

Provide shelters and medicines (2 cases);


Gaps in the criteria of the self-government program of house roofing;
Determination of a status for children with disabilities (4 cases)
Involvement in the state program of provision with wheelchairs (3
cases);
Transfer of a real estate to the Rustavi Day Center for temporary use
by the local self-government. (10 persons with disabilities and their
parents and 7 employees of the day center will use the product of the
consultations);
The issue of funding the Ozurgeti city Day Center of persons with
disabilities by the local self-government. The difficulties arose when
the city self-government and the community were separated and it
became necessary to change the previous funding model. 15 persons
with disabilities above 18 years and their parents and 10 employees
will benefit from the results of these consultations (2 cases);
Majority of persons with disabilities in Rustavi city cant get the
vouchers of day center that are allocated for them. Consultations
were held with 5 parents about how to get these vouchers;
Consultations were done with parents of about 15 persons with
disabilities how they can be retrained to become a special educator,
they got information about successful cases;
Difficulties connected to getting driving licenses for persons with
disabilities;
Procedures needed to get included in the sub-programs of
community organizations;
Reception of children with disabilities in kindergartens;
Getting a single help from the municipal budget for children with
disabilities (within the existing project frames);
Provision of homeless people with shelters by the self-government;
Inclusion of children with disabilities in school;
Allocation of an assistant for persons that need psycho-social help
(24 cases);
Inclusion of children with disabilities in a specialized art school (1
case);
Getting a voucher of a program of early development (9 cases)
Funding the rehabilitation course of children with disabilities by the
local self-government ( 2 cases)

An issue of opening a kindergarten in Nasakirali village in Ozurgeti


municipality by the local self-government (1 case)
An issue of employment of persons with disabilities (2 cases)
Funding of the rehabilitation program for children with disabilities
by the local self-government (3 cases)
Getting a service of a special educator in a kindergarten (2 cases);
Cases of violence in kindergartens (2 cases);

2. Recommendations
8 written recommendations were prepared for the local self-governments
of target municipalities during the project. Their goal was to express the
opinion about the main issues determined by the project executing group
and persons with disabilities that were included in the project.

2.1. Recommendation for the Commission of Social Affairs of


Ozurgeti City Assembly on the Changes that should be Made in
the Charter
On September 12 2014, the organization Partnership for Human Rights
addressed the commission of social affairs of Ozurgeti city municipality with
the recommendation (05/147-14) that concerned the changes that should
be made in the regulation of social affairs of Ozurgeti city municipality
assembly. The main goal of these changes was the correspondence of the
issues of persons with disabilities in the regulation of the commissions with
the UN convention of rights of persons with disabilities.
The changes concerned the issues connected with education, culture, sport,
pre-school education, availability of physical environment.

2.2. Recommendation for the Education, Youth and Social Affairs


Department of Ozurgeti Municipality on Pre-school Inclusive Education
On September 12 2014, the organization Partnership for Human Rights
addressed the department of youth and social affairs of Ozurgeti city
municipality with the recommendation (05/146-14).
The recommendations basically concerned the basic directions of creating a

plan for individual development of children with disabilities, the importance


of the participation of corresponding specialists in full and all-around
involvement of children with disabilities in kindergartens, the importance of
retraining the staff of kindergartens.
According to the letter (06/86-14/05/147-14) received on August 24, 2014
the department of Education, Youth and Social Affairs of Ozurgeti municipality
is ready to co-operate with the organization Partnership for Human Rights
and follow its recommendation.

2.3. Recommendation on the Adaptation of Physical Environment


of Student Housing
On August 4, 2014 the information about starting the construction of
student housing was spread on the official web-page of the ministry of
Regional Development and Infrastructure of Georgia. On August 25, 2014 the
organization Partnership for Human Rights addressed the Fond of Municipal
Development of the Ministry of Regional Development and Infrastructure
and requested the information about the correspondence of construction
works with the international and Georgian national legislation about the
adaptation of physical environment of public objects and the standards of UN
convention and national legislation about rights of persons with disabilities.
According to the letter (2648-) received on September 23, 2014 from the
municipal development fond of the Ministry of Regional Development and
Infrastructure of Georgia we cleared out that the construction works of the
student housing is in full correspondence with the issues of the adaptation
of physical environment of public objects, that are based on the regulation
#41 of January 6, 2014 of Georgian government about Adoption of technical
regulation about architectural and planned elements and the arrangement
of physical space for persons with disabilities.

2.4. Recommendation on the Adaptation of Physical Environment


of the Shelter for the Homeless People
On February 3, 2014 the commission working on the problems of homeless
people of the Ministry of Regional Development and Infrastructure of Georgia
made a decision about building a shelter for homeless on the territory Didi
Lilo.

On July 23, 2014 the organization Partnership for Human Rights addressed
the fond of municipal development of Georgia with a letter (05/104-14)
and requested the information about building standards, availability of the
building for persons with disabilities, nutrition of people living in the shelter,
hygiene, regulative documents of monitoring of the health condition. The
organization also provided them with the information about the standards
and demands that are considered in the UN convention of persons with
disabilities and the national legislation.
Regarding the fact that the Ministry of Labor, Health and Social Affairs of
Georgia was directly involved in the project, the organization Partnership
for Human Rights addressed the Ministry of Labor, Health and Social Affairs
of Georgia on September 12, 2014 and requested the information about
whether the needs of persons with disabilities are considered during the
construction of the shelter for homeless or not.
The letter (2271-) received from the fond of municipal development of
Georgia on August 15, 2014 reveals that the special construction norms and
standards havent been processed yet. However the project considers the
adapted infrastructure and ramps for persons with disabilities.
According to the correspondence (01/78220) received on September 26,
2014 from the ministry of Labor, Health and Social Affairs of Georgia, during
the construction there will be used the regulation #131 of February 7, 2014
about Technical regulation about adoption of minimal standards of the
functioning of a shelter of vulnerable people.

2.5. Recommendation on the Adaptation of Physical Environment


of the University Metro Station
On June 30, 2014 the information was spread through social networks about
tender for building the metro station University. The information was spread
on the official web-page of state procurements agency on June 26, 2014.
One July 2, 2014 the organization Partnership for Human Rights addressed
the Ministry of Regional Development and Infrastructure of Georgia with a
letter (05/86-14) and requested the information about the correspondence
of the tender offer with the demands of the international and Georgian
legislation about the adaptation of physical environment.
According to the answer received on July 31, 2014 the issue of adaptation of

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physical environment isnt considered in the construction works of the metro


station. However theres an additional sump where an adapted entrance can
be arranged. Also they think that by the adaptation of one metro station the
situation will not change, because the physical environment of other stations
is still unavailable for persons with disabilities.
On August 25, 2014 the organization Partnership for Human Rights
addressed Tbilisi city Hall with a letter (05/130-14), gave information about
the answer received from the municipal development fond and requested
the information about the planned activities for the adaptation of metro
stations.
According to the correspondence (01/4598) received on September 26,
2014 from Tbilisi Transportation Company the adaptation of metro stations
isnt included in current plans because this is connected with big expenses.

2.6. Recommendation on the Availability of Agendas of the Meetings of Council and Commission
One of the problems during the project was that the local self-government
bodies use to spread information about the meetings of assembly and
commission late on previous day and that makes difficult to organize visits.
In addition, they sometimes dont spread the information at all and theyre
announced only after the end of the meetings.
The organization Partnership for Human Rights addressed Tbilisi city
assembly with a recommendation about this issue (05-374-15).

2.7. Recommendation Related to the Procurement of New Public


Transport in Tbilisi
The information was spread in social network that Tbilisi city Hall and the
government of Japan signed an agreement about the procurement of new
public buses in Tbilisi.
PHR addressed Tbilisi city Hall with a recommendation that the main condition
of the agreement should be the issue of the adaptation of public transport
and requested information how these issues are included in the agreement.

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2.8. UPR Report about the Gaps in the Process of the Protection of
Rights of Persons with Disabilities
PHR together with its partner non-governmental organizations prepared a
UPR report about the rights of persons with disabilities. The basic problems
for persons with disabilities in Georgia were determined. These are the
issues of capacity for work, shifting from medical model to social model,
employment, adaptation of environment, availability of services, gaps in
habilitation/rehabilitation programs and the necessity of spreading them on
persons with disabilities older than 18, consideration of individual needs of
persons with disabilities in the general insurance package.

3. Communication
82 cases were studied during the strategic proceedings and the administrative
bodies of target municipalities were addressed to react on them. Three of
them were transmitted to court.
On the first stage, if persons with disabilities, or their parents addressed,
the administrative proceedings were to study the case, search the usable
legislation, process and determine the correspondence with factual
circumstance.
The second stage of the administrative proceedings was to prepare an
appropriate letter and address the local self-government with the demand to
study the case or provide with additional information. If after the appeal the
local self-government started to study the case and solve the problem, the
proceedings stopped. In other cases, according to the content of the concrete
case, an administrative complaint or administrative action were prepared.

3.1. Administrative Proceedings


Discrimination on the ground of limited abilities Abusing a child
with disability in public transport;
Involvement of an old woman with disability living in Ozurgeti city
municipality in the sub-program of community organizations;
A non-appropriate environment in pre-school educational
institutions in Tbilisi city;
Appointment of social assistance and illegal removal (10 cases);
Involvement of children with disabilities in habilitation/rehabilitation

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sub-programs;
Allocation of living space for parents with disabilities.
Involvement in the sub-program of wheelchairs (2 cases)
Unitary funding of medical research of a child with disability from the
budget of the local self-government (3 cases)
Consideration of needs of persons with disabilities in free eateries in
Tbilisi city.
Employment of a persons with disability and allocation of living
space;
Exclusion of persons with disabilities from a sub-program of early
development of children (16 cases);
Admission of children with autism spectrum at school, problems
related to opening integrated classes (4 cases)
Problems related to getting supporting means (hearing aid);
Providing the persons with disabilities over 18 and living in closed
institutions with housing by the local self-government (2 cases)
Involvement of a family living in hard social conditions in appropriate
state and self-government programs (6);
Declining to admit a child with disability in kindergarten and
corresponding proceedings;
Issues related to the execution of the area given to the organizations
working on issues of persons with disabilities by the local selfgovernment;
An issue of allocation of area for a day center of persons with
disabilities by the self-government;
A tender related to the construction of a new kindergarten and
consideration of the needs of children with disabilities;
An administrative complaint for excluding a child from the early
development program of children;
An issue of allocating a living space for homeless persons with
disabilities by the self-government (3 cases)
An issue of satisfying a woman with psycho-social need with a
housing, problems related to the execution of court decision;
A family living in not appropriate living conditions, one of them is a
person with disability;
Violation towards an elderly woman with disability;
Registration of a family in a common base of vulnerable families and

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incorrectly counted points (4);


A right of accessibility of education of a child with disability (2);
Providing sticks for mandatory sugar measuring device subscribed
by a doctor for a child with diabetes;
Construction of a new housing complex on the Tbilisi sea territory in
Tbilisi city municipality and the correspondence of the project to the
demands of international and national legislation for the adaptation
of physical environment of public objects;
An issue of ramps installed inappropriately with standards at the
living buildings in Nadzaladevi district in Tbilisi city municipality;
Restrict parents rights of a parent with disability, considered as
incapable;
An issue of studying an effective pre-school inclusive educational
program for children with disabilities in a kindergarten in Rustavi
city municipality, particularly an issue of getting a service of a special
educator;
Providing a lonely woman with disability with a shelter and giving
medicines needed for a child;
Gaps in the self-government program of roofing the dwelling houses;
Determine a status of a child with disability and grant pension;
Inclusion in the state sub-program of provision with wheelchairs (2
cases);
Obstruction of getting inclusive pre-school education;

3.2. Proceedings in the Court


Three proceedings were implemented at general court with the aim of
protecting rights of persons with disabilities and the defendants were the
local self-government bodies.

3.2.1. D.Ch. Against Gardabani Municipality


Factual background of the case: B.G. addressed the non-governmental organization Partnership for Human Rights and asked to assist in the process
of getting housing. B.G. is a person with disability with a diagnose of light
form of mental retardation, he has been living in orphanage since childhood
and now lives in a boarding house of persons with disabilities.
According to the assessment of the psychologist and psychiatrist of the

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institution B.G. has all necessary skills for independent living, hes employed,
however the obstacle for him is the absence of his own house.
Used law: After studying the case we found out that the second part of
the Article 27 of Georgian law about Social protection of persons with
disabilities considers the obligation of the local self-government bodies to
provide those persons with disabilities that dont need boarding house any
more with the housing.
Proceedings: Based on the statement of B.G. there was prepared a letter
in name of the governor of Gardabani municipality and the Gardabani
municipality governance was requested to fulfill its obligation within the
second part of Article 27 of Georgian law about social protection of persons
with disabilities and provide B.G with living space.
According to the answer received from the Gardabani municipality they
dont have enough funds for providing B.G. with housing.
The non-governmental organization Partnership for Human Rights prepared
an administrative act that considered the annulment of the individual
administrative-legal act issued by the Gardabani municipality and issuing a
new act with the aim of provision of B.G. with housing.
Result: Merits of the case are over and court decision must be declared.

3.2.2. S.K. against Kutaisi City Municipality


Factual background of the case: L.N. addressed the non-governmental
organization Partnership for Human Rights and asked to assist in the process
of getting housing., L.N. grew up in orphanage and then she was taken to a
boarding house of persons with disabilities. L.N. is a person with disability
with a diagnose of light form of mental retardation.
L.N. is in registered marriage and has a child. However, because of the
absence of her own housing and according to the Georgian legislation that
prohibits living of children in boarding house, her child is involved in foster
care program.
According to the assessment of the psychologist and psychiatrist of
the institution L.N. has all necessary skills for independent living, shes
employed together with her husband, looks after herself and her husband
independently.

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The only obstacle for her to live independently with her family is the absence
of housing.
Used law: The second part of the Article 27 of Georgian law about Social
protection of persons with disabilities considers the obligation of the local
self-government bodies to provide those persons with disabilities that after
rehabilitation dont need boarding house any more with the housing.
Proceedings: Based on the statement of L.N. there was prepared a letter
in name of the Kutaisi city mayor and the Kutaisi city hall was requested
to fulfill its obligation within the second part of Article 27 of Georgian law
about social protection of persons with disabilities and provide L.N. with
living space. The reason why we chose the Kutaisi city hall was that L.N. has
seasonal job in Kutaisi city and if she is provided with housing there, she will
not have to search for job any more.
According to the answer received from the Kutaisi city hall they dont have
enough resources for providing B.G. with housing.
The non-governmental organization Partnership for Human Rights prepared
an administrative act that considered the annulment of the individual
administrative-legal act issued by the Kutaisi city municipality and issuing a
new act with the aim of provision of L.N. with housing.
Result: According to the court decision the suit of L.N was satisfied and
Kutaisi city hall was obliged to give her housing.

3.2.3. K.N. Against Tbilisi city Municipality Council


Factual background of the case: A claimant A.B. at 14:20 on December
4, 2015 stopped his own car at a special parking place for persons with
disabilities. The motive of this was that the claimant was serving a person
with severe disability K.N. whom that parking space is for. To make the
motive of parking at this place clear for an authorized person of LTD CT-Park,
K.N. placed a certificate of persons with disability issued by the Ministry of
Labor, Health and Social Care on the front windshield. After 33 minutes from
parking, an authorized person of LTD CT-Park imposed a fine for the car of
the claimant A.B. based on the 6th part of the Article 125(2) of Georgian Code
on Administrative Offences and the car was taken to a special standing.
Subject of dispute: Subject of dispute is the disciminative interference
in using special parking places by persons with disabilities in Tbilisi city

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that disproportionately limits the rights of independent living and free


development of persons with disabilities that dont have their own motor
vehicle.
Plaintiffs claim: Annulment from the day of approval of the first, third, fifth,
seventh, eights and tenths paragraphs and g sub-paragraph of the eleventh
paragraph of the decision 9-48 of Tbilisi city Council of August 03, 2007
About regulation of parking of transport facilities on Tbilisi city territory
and also the recognizable mark of parking spaces of persons with disabilities
determined by this decision and regulate them in correspondence with the
Georgian constitution, Georgian law about traffic, Georgian law Social
protection of persons with disabilities and the UN 9th and 19th conventions
about the rights of persons with disabilities.
Result: The case is in charge at the Tbilisi City Court.

III. Conclusion
The project executing group fulfilled all activities determined by the indicators
of execution of the community communication strategy. This considered
the promotion of rights of persons with disabilities by corresponding
recommendations, legal consultations and strategic proceedings. Its goal
was to quickly and effectively solve the problems of persons with disabilities
by individual proceedings and recommendations at the level of the selfgovernment.
The indicator of the execution of the community communication strategy
determined by the logical frame was the involvement of up to 250 people
in the project. According to the reached results, 182 people were involved
in the community communication strategy by individual statements and
consultations. However in addition to the individual applicants, their family
members were also included in majority of cases, such as social assistance
for vulnerable family, inclusion of a child in kindergarten, define a status for a
child with disability, allocation of space for Rustavi day care center and create
a board of persons with disabilities at the self-government level. One of the
goals of the community communication strategy was to prepare and give
recommendations to the self-government bodies about the protection of
rights of persons with disabilities. 8 such recommendations were prepared
during the project. This means that more than 250 people were involved in
the project of society communication, among them persons with disabilities
and also their family members.

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