The Constitution of Georgia upholds the principle of equal rights for men and women. However, the current situation in the country creates many challenges for women. Over the past ten years, approximately one-fifth of Georgia’s population has left, primarily to escape poverty. As most emigrants were men, an increasing numbers of women are now the sole providers for their families. About 50 per cent of Georgian women are unemployed; those who do work earn, on average, only half as much as men.
The legal frameworks to protect Georgian women within the family have improved in recent years. The Constitution requires the free consent of both spouses for marriage, and the law sets the minimum age for marriage at 18 years for both men and women. In exceptional circumstances, marriage may be authorised from the age of 16 years, but early marriage is rare (on average, women marry at 25 years). A 2004 United Nations report estimated that 16 per cent of Georgian girls between 15 and 19 years of age were married, divorced or widowed. There are cases of arranged marriages in rural areas.
Polygamy is not recognised by Georgian law. It is practised in rare cases, particularly within the Muslim community, which represents about 10 per cent of the total population.
The Constitution guarantees equal rights for Georgian men and women in regard to parental authority. Traditionally, women do domestic chores and men exert authority within the family, but attitudes are changing. In urban areas, many women work and some earn higher salaries than their husbands. As a result, authority within the family is increasingly shared by both spouses. In the event of divorce, the law stipulates that mothers are given custody of children.
In matters of inheritance, assets are shared between the children, with sons and daughters receiving equal shares. There is no information available about the inheritance rights of widows.
The physical integrity of Georgian women is not well protected and violence against women is common. Domestic violence was only recognised by the law in 2006, but is still not considered a crime. Even if the violence is frequent, victims rarely file complaints and the police are unlikely to arrest perpetrators. At present, perpetrators are prosecuted only under previous laws relating to assault or rape. There are no laws in place to keep the perpetrators of domestic violence away from the victim’s home. The only assistance for abused women is provided by a non-governmental organisation (NGO) that has established a telephone help-line and a shelter.
Rape is recognised as a criminal act, punishable by between 7 and 20 years in prison, depending on whether the victim is a minor. The legislation makes no specific reference to spousal rape. Sexual harassment is punishable by a fine and a prison sentence of up to three years, but the law is rarely applied in practice and complaints seldom lead to prosecution.
Female abductions, which occur in rural areas and generally involve rape, are considered as crimes, but the police rarely take action. One NGO helps women who escape from their abductors; the victims are usually rejected by their families. Women in Georgia are frequently trafficked abroad for sexual exploitation and forced labour. To date, there is no legislation against the practice.
Female genital mutilation does not appear to be practised in Georgia, and there is no evidence to suggest it is a country of concern in relation to missing women.
Georgian women appear to have the same ownership rights as men, and there seems to be no discrimination in relation to access to land. Women and men have the same rights of access to property other than land and both spouses have equal legal rights of ownership over the couple’s joint property.
Women’s access to bank loans is improving in rural areas thanks to specific programmes and credit unions. Women make up almost half of credit union members; available estimates show that in 2004 two-thirds of women members had obtained loans.
Women’s civil liberties are guaranteed by law in Georgia. Women have freedom of movement and are free to choose their place of residence. There are no reported incidents of restrictions on their freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Georgia, CEDAW, New York, NY.
Ministry of Economic Development (2005), Women and Men in Georgia: Statistical Booklet, Ministry of Economic Development, Department for Statistics, Tbilisi.
US Department of State (2007), Country Reports on Human Rights Practices: Georgia, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
Everyculture.com (2007), Culture of Georgia, www.everyculture.com/Ge-It/Georgia.htlm.
