The Venice Commission published its Opinion on the draft constitutional law on Protecting Family Values and Minors. It adopted the Opinion at its 139th Plenary Session on June 21-22.
The Commission says that it “regrets that a legislative initiative aimed at integrating the Georgian Constitution and touching upon highly sensitive issues is launched in a period of time characterised by vigorous and prolonged mass protests and strong political and societal tensions, all the more so in circumstances where this is happening only a matter of months before the elections, disregarding the concerns raised by several international observers.”
The Venice Commission, further, “recommends carrying out a thorough and well-substantiated analysis of the impact of the new provisions on the national system, prior to their adoption, involving all segments of society and especially the representatives of sexual and gender minorities, as well as experts and professionals in the relevant sectors (law, health, education, social care, etc.). Such analysis should be made public and be carried out in a period of time that is propitious for a genuine and unbiased consultation, allowing for an honest and impartial assessment of the issues at stake.”
As to the legal assessment of the draft Constitutional Law, in light of the well-established ECtHR case-law on the matter and previous Venice Commission opinions, the Commission considers that “the compliance of the provisions at stake with European and international standards cannot be established for the reasons set out above and the mere proposal of adopting this text risks to (further) fuel a hostile and stigmatising atmosphere against LGBTI people in Georgia. The Commission thus recommends the Georgian authorities to reconsider this legislative proposal entirely and to not proceed with its adoption.”
