Report on the State of Human Rights in Institutions for Persons with Disabilities The International Covenant on Economic, Cultural and Social Rights; The UN Convention on Elimination of All Forms of Discrimination against Women; The UN Convention on the Rights of the Child; The UN Convention against Torture, etc. Public Defender of Georgia, relying on the twin-track approach96 introduced by the UN High Commissioner for Human Rights in the process of protection of the rights of disabled persons, calls on state agencies to ensure that the rights of disabled persons are protected in the framework of implementation of all existing conventions, since any social group of the general population can have disabilities; in addition, Public Defender supports the ratification of the 2006 UN Convention on the Rights of Persons with Disabilities as the most complete standard among the international treaties on human rights created for this purpose. STANDARDS GUARANTEED BY NATIONAL LEGISLATION The state policy of Georgia in relation to persons with disabilities living in residential institutions, is determined by the Constitution of Georgia, international treaties, national legislative acts, and documents of the state policy. In accordance with Article 14 of the Constitution of Georgia, “Everyone is free by birth and is equal before the law regardless of race, color, language, sex, religion, political and other opinions, national, ethnic and social belonging, origin, property and title, place of residence.” Article 27 of the Law of Georgia on Social Protection of Persons with Disabilities says the following about the rights of persons with disabilities living in boarding houses and other inpatient facilities of social assistance: 1. “The state shall provide persons with disabilities with accommodation in accordance with an individual program of rehabilitation, taking into account their wishes. The conditions created in boarding houses and other inpatient facilities for persons with disabilities must ensure the exercise of their rights and lawful interests. 2. If, as a result of rehabilitation measures, it is no longer necessary for persons with disabilities to be in a boarding house or other inpatient facility, the bodies of local self- government and government shall provide them, including orphans or children devoid of parental care of this category, with accommodation, in accordance with the applicable legislation.” The aforementioned normative documents, together with other legislative acts ensuring social assistance, are implemented though the Concept of Social Integration of Persons with Disabilities adopted by the Parliament of Georgia on December 2, 2008, and the Action Plan on Social Integration of Persons with Disabilities for 2010-2012 approved by the government of Georgia on December 15, 2009. Despite the fact that the process of deinstitutionalization of large children’s homes has been implemented successfully since 2005 and more than 4,000 children97 have already left children’s homes, no children with disabilities in institutional care have been deinstitutionalized through placing them in small family-type children’s homes; by the time of the 96 97 The twin-track approach ensures that the issues of persons with disabilities are taken into consideration and implemented (mainstreaming) in all initiatives and projects. The Ministry of Labor, Health and Social Affairs of Georgia, the Main Directions of the Reform of the System of Child Care, Action Plan for 2011-2012, http://www.moh.gov.ge/files/2010/socialuri/kanonmdebloba/bavshvze_zrunva/samoqmedo_ gegma/ ChildCare_GEO.pdf NPM Report 2012 The Civil Code of Georgia determines the grounds for depriving persons, who, in most cases, are also disabled, of legal capacity; Article 1276 of the Code indicates that guardianship shall be imposed on a person who has been recognized as legally incapable due to a mental illness or mental retardation.