Georgia

Article 14

Everyone is born free and is equal before the law regardless of race, colour of skin, language, sex, religion, political or other opinions, national, ethnic and social affiliation, origin, property or social status, place of residence.

Article 17

1. Human honor and dignity shall be inviolable.
2. No one shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment.
3. Physical or mental coercion of a detainee or a person whose liberty has been otherwise restricted shall be inadmissible.

Article 18

1. Human liberty shall be inviolable.
2. Imprisonment or other restrictions of personal liberty shall be inadmissible without a court decision.

Article 22

1. Everyone lawfully within the territory of Georgia shall have the right to liberty of movement and freedom to choose his/her residence within that territory.
2. Everyone lawfully within the territory of Georgia shall be free to leave the country.
3. The above rights shall not be subject to any restrictions, except the restrictions provided for by law are necessary to protect national security, public safety, public health, or to prevent crime or to administer justice insofar as is necessary to maintain a democratic society.
4. A citizen of Georgia shall be free to enter Georgia.

Article 36

1. Marriage shall be based on the equality of rights and free will of spouses.
2. The State shall promote family welfare.
3. The rights of mothers and children shall be safeguarded by law.

Article 39

The Constitution of Georgia shall not deny other universally recognised rights, freedoms, and guarantees of an individual and a citizen that are not expressly referred to herein but stem inherently from the principles of the Constitution.

Article 44

1. Everyone who lives in Georgia shall be obliged to observe the Constitution and legislation of Georgia.

2. The exercise of human rights and freedoms shall not infringe on the rights and freedoms of others.

The Constitution of Georgia 1995 (revised 2013) (PDF)

Article 143. Illegal Imprisonment

1. Illegal imprisonment, – shall be punishable by prison sentences ranging from four to eight years in length.

3. The same action:

a) by a group’s prior consent;

b) repeatedly;

c) against two or more persons;

d) by taking a victim abroad;

e) against a pregnant woman, a minor or the one being in a helpless condition;

f) against on official foreign representative or the one subject to international legal protection;

g) in order to cover up other crime or facilitate its perpetration;

h) under violence or threat of violence dangerous for life or health,

– shall be punishable by imprisonment ranging from five to twelve years in length.

4. The action stipulated in Paragraphs 1 or 2 of this Article:

a) by an organized group;

b) that through negligence has claimed the life of the victim or has given rise to any other grave consequence,

– shall be punishable by prison sentences ranging from eight to fifteen years in prison.

Note: If, within 72 hours upon the illegal imprisonment of a person, the offender voluntarily sets him/her free, the offender shall be released from criminal liability if his/her action does not bear signs of any other crime and there is no complaint on the part of the victim.

Article 1431. Trafficking

1. Buying or selling or serious violations of human rights by means of the threat, force, coercion, abduction, fraud, deceit, abuse of authority, power or of a position of vulnerability, or giving and receiving of payments or benefits to achieve the consent of a person having control over another person, recruitment, transportation, transfer, harboring or subsequent reception of a persons for the purpose of exploitation – shall be punishable with deprivation of liberty from seven to twelve years or temporary disqualification from an official position or practice of commercial activities for one year.

2. The same action committed against:

a) a pregnant woman, who the offender knew was pregnant;

b) a vulnerable person or financially or otherwise dependant on the offender;

c) abuse of power / position

– shall be punishable by terms of imprisonment from nine to twelve years, or temporary disqualification from an official position or practice of commercial activities for two years.

3. The same action performed:

a) repeatedly;

b) against two or more persons;

c) by taking a victim abroad;

d) using violence harmful for life and health, or the threat of such violence

– shall be punishable by terms of imprisonment from twelve to fifteen years, or temporary disqualification from an official position or practice of commercial activities for three years.

4. The actions as foreseen by Paragraphs 2 and 3 of this article:

a) committed by an organized group;

b) or resulting in the death of a victim or followed by other grave results

– shall be punishable by terms of imprisonment from fifteen to twenty years, or temporary disqualification from an official position or practice of commercial activities for three years.

Note: 1. For the purposes of this article and Article 1432 of the code, the following shall constitute exploitation for the purpose of gaining material or other benefit:

a) inducing a person to perform labour or other services;

b) inducing a person to provide sexual services;

c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities;

d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception;

e) subjecting a human being to practices similar to slavery or to modern-day slavery.

Subjecting a human being to modern-day slavery shall mean creation of such conditions when the person performs certain work or renders services in favour of another person in return for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person.

Dependence on a person may be caused by, among other things:

e.a) confiscation, control or intentional unlawful handling of personal identification documents

e.b) restriction of the right to free movement or control of free movement;

e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons;

e.d) creation of coercive or threatening environment.

2. For the purposes of this article and Article 1432, it does not matter whether a person consents to his/her pre-determined exploitation.

3. For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine.

Article 1432. Trafficking in Minors

(25.07.2006 N 3530)

1. Buying or selling or making other illicit transactions in relation to a minor as well as his or her recruitment, transfer, harboring or receipt for the purpose of exploitation – shall be punishable by terms of imprisonment from eight to twelve years, or deprivation of an official position or practice of commercial activities for one year. 2. The same action committed:

a) in abuse of official powers;

b) in relation to a person who the offender knew as helpless or materially or otherwise dependant on the offender

– shall be punishable by terms of imprisonment from eleven to fifteen years or temporary disqualification from an official position or practice of commercial activities for two years.

3. The same action committed:

a) repeatedly;

b) through coercion, blackmail or deceit;

c) against two or more minors;

d) by taking a victim abroad;

e) by using violence dangerous for life and health or by the threat of such violence

– shall be punishable by terms of imprisonment from fourteen to seventeen years or temporary disqualification from an official position or practice of commercial activities for three years.

4. The actions as foreseen by Paragraphs 2 and 3 of this article:

a) committed by an organized group;

b) or resulted in death of the minor or brought about other grave results

– shall be punishable by terms of imprisonment from seventeen to twenty years or temporary disqualification from the practice of commercial activities for three years or life-term imprisonment.

Note: A legal person shall be punished in the form of disqualification from the practice of commercial activities or liquidation or a fine for commiting same action.

Article 1433 . Use of services of a victim of trafficking in persons

(8.05.2007 N4706)

1. Knowingly using such a service of a victim of the crime envisaged by Articles 143¹ and 143² of this Code, which is considered as exploitation within the meaning of Article 143¹ of this code shall be punishable by terms of restriction of freedom for four years and imprisonment from three to five years.

2. The same crime committed:

a) repeatedly;

b) against a pregnant woman, who the offender knew was pregnant;

c) against a victim who was particularly vulnerable or financially or otherwise dependant on the offender;

d) in abuse of official powers

– shall be punishable in terms of imprisonment from five to seven years or deprivation of an official position or temporary disqualification from the practice of commercial activities for two years.

3. The same crime committed:

a) against two or more people;

b) by use of violence which causes particularly serious harm to the victim or by the threat of such harm

– shall be punishable in terms of imprisonment from seven to twelve years or deprivation of the post or temporary disqualification from practice of commercial activities for three years.

4. The actions as foreseen by Paragraphs 2 and 3 of this article committed by an organized group shall be punishable in terms of imprisonment from twelve to fifteen years or deprivation of an official position or temporary disqualification from practice of commercial activities for three years.

Article 150. Coercion

Illegal restriction of a person’s freedom of action, i.e. his/her physical or mental coercion to perform or not to perform a particular action the performance or abstinence therefrom is his/her right, or coercion to experience pressure upon oneself against one’s own will, – shall be punishable by fine or corrective labour for up to one year in length or by imprisonment similar in length.

Article 1501 – Forced marriage

1. Forced marriage (including an unregistered marriage), – shall be punished by community service for two hundred to four hundred hours or with imprisonment for up to two years.

2. The same act committed knowingly against a minor, – shall be punished by imprisonment for up to four years.

Law of Georgia No 2704 of 17 October 2014 – web-site, 31.10.2014

Article 168. Encroachment upon Freedom of Work

Encroachment upon freedom of work, i.e. interference under violence or threat of violence into any legitimate labour activity, – shall be punishable by fine or by corrective labour for up to one year in length or by imprisonment for the term not in excess of two years.

Article 169. Violation of Labour Legislation

Illegal dismissal from work, non-fulfillment of the court decisions on the reinstatement to one’s work or other substantial violation of the labour legislation, – shall be punishable by fine or by imprisonment for up to two years in length or by deprivation of the right to pursue a particular activity for up to three years in length or without it.

Article 170. Breach of Labour Protection Rule

1. Breach of safety standards or other norms of labor protection by the person responsible for the observance of this norm that through negligence has caused less grave or grave health injury, – shall be punishable by fine or by corrective labour for up to one year in length or by imprisonment for the term not in excess of two years.
2. The same action that through negligence has caused the death of a person, –

shall be punishable by prison sentences up to five years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term up to three years or without it.

3. The action referred to in Paragraph 1 of this Article that through negligence has caused the death of two or more persons, –

shall be punishable by prison sentences for up to seven years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term up to three years.

Article 171. Involving Minor into Anti-Public Activity

1. Involving a minor into prostitution or other sexual perversion or persuading thereof into any other anti-public action, –

shall be punishable by socially useful labour for the term of one hundred and seventy to two hundred and forty hours or by corrective labour for the term not in excess of two years or by detention for three-month term or by imprisonment for up to two years in length.

2. Involving a minor into abuse of intoxicant or any other medical substance, –

shall be punishable by restriction of freedom for up to three years in length or by detention for the term not in excess of four months or by imprisonment for up to three years in length.

Article 408. Crimes against Humanity

Crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, expressed in murder, massive extermination, serious injury to body or health, deportation, forced confinement, torture, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, gender or other grounds, the crime of apartheid, other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health,

Shall be punishable by imprisonment for the period from eight to twenty years or life imprisonment.

Criminal Code of Georgia (PDF)

Georgia Criminal Code Amendment (PDF)

Article 2. Labor Relations

1. Labor relations represent fulfillment of work by an employee for an employer in exchange for remuneration in conditions of organization labor regulation.

2. Labor relations shall emerge by the agreement reached as a result of expression of free will of the parties, based on parties’ equality principles.

3. Discrimination of any kind is forbidden during the labor relations, such as: discrimination by race, color of a skin, language, ethnic and social belong, origin, property, class, working place, age, sex, sexual orientation, limited abilities, religion or membership of other unifications, family status, political and other beliefs.

4. Direct or indirect oppression of a person that aims to or causes the creation of a frightening, hostile, disgraceful, dishonorable and insulting environment is considered to be discrimination. Creation of conditions that directly or indirectly worsens a person’s condition in comparison to other person in the same conditions is also considered to be discrimination.

5. The need in persons’ differentiation due to a job’s peculiarity that is conditioned by the essence and the specificity of a job or by the conditions of fulfillment of a job that aims at a legal achievement of a goal and is a commensurate and inevitable mean for its Achievement is not considered to be discrimination.

6. The Parties engaged in labor relations shall protect fundamental human rights and freedoms envisaged by the Georgian legislation.

Article 4. Minimum Employment Age and Origin of Capability

1. Labor capacity of a physical person shall arise from the age of 16.

2. Labor capacity of an underage below 16 shall arise in case of consent from his/her legal representative, tutor and guardianship bodies, if it is not against his/her interests, does not damage his/her moral, physical or mental development and does not limit him/her right and ability to obtain elementary, compulsory and basic education. Consent from legal representative, tutor and guardianship bodies is valid for further similar labor relations as well.

3. Labor contract can be concluded with an underage below 14 only on performance of a work related to sport, art and cultural sphere, as well as to advertising activities.

4. It is prohibited to conclude a contract with an underage on performance of work related to gambling business, night entertainment institutions, pornography production, and production of pharmaceutical and toxic substances, conveyance and realization.

5. It is prohibited to conclude a contract with an underage, a pregnant woman or a nursing mother, on performance of hard, unhealthy and hazardous work.

Article 35 – Right to safe and healthy working environment

1. Employers shall be obliged to provide employees with a working environment that is maximally safe for the life and health of the employees.

2. Employers shall be obliged to provide employees, within reasonable timeframe, with available full, objective, and clear information on all factors affecting employees’ life and health or the safety of the natural environment.
3. Employees may refuse to perform the work, assignment, or instruction that contradicts law or, due to the lack of occupational safety standards, obviously and substantially endangers their or third person’s life, health, property, or the safety of the natural environment. Employees shall be obliged to immediately inform the employer of a circumstance being the reason for refusing to fulfil their obligations under a labour agreement.
4. Employers shall be obliged to introduce a preventive system ensuring labour safety and timely provide employees with relevant information about labour safety-related risks and measures for preventing the risks. Additionally, employers shall inform employees about the rules for handling the riskbearing equipment and, if necessary, provide employees with personal protective equipment. Along with technological progress, employers shall timely replace hazardous equipment with safe or less hazardous equipment, as well as shall take all other reasonable steps for employees’ safety and for protecting their health.
5. An employer shall be obliged to take every reasonable step for timely localizing and eliminating an industrial accident, for administering first aid and evacuating.
6. Employers shall be obliged to fully compensate employees for work-related injury caused by deteriorating employees’ health and for necessary costs of treatment.
7. Employers shall be obliged to prevent pregnant women from performing work endangering their or their fetus’ welfare, physical, or mental health.

8. The legislation of Georgia shall provide a list of hard, harmful, and hazardous jobs, labour safety regulations, including the cases and the procedure for employees’ mandatory periodic medical check-ups at the expense of an employer.

Labour Code of Georgia (PDF)

Labour Code of Georgia Chapter 1 (PDF)

Article 3. Definition of the Terms

The terms used in this Law shall have the following meaning:

1. a) Human trafficking – crime defined by Articles 1431 and 1432 of the Criminal Code of Georgia; Consent of the victim of human trafficking to his/her deliberate exploitation shall have no importance.
2. d) Exploitation – use of a person for forced labor or service, involvement of a person in criminal or other anti-societal conduct, putting a person in slavery-like conditions or conditions of contemporary slavery, sexual exploitation or coercion to provide other type of services, as well as use of a person for transplantation of his/her organ, part of organ or tissue, or use of a person for other purposes;
3. e) Forced labor – any work or service received by means of physical or mental coercion of a person by use of threat or blackmail against him/her or by use of his/her vulnerable situation;
4. g) Slavery-like conditions – the status or condition of a person as defined in the United Nations Supplementary Convention on the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to Slavery dated 7 September 1956;

h) Putting a person in contemporary conditions of slavery – deprivation of a person of his/her identity documents, limitation to the person of his/her right to free movement, prohibition to the person of communication with his family, including written correspondence and telephone contacts, cultural isolation of a person, coercion of a person to work in degrading conditions and/or without any compensation or with inadequate compensation;

Article 143¹ – Human trafficking

1. Purchase or sale of human beings, or any unlawful transactions in relation to them, by means of threat, use of force or other forms of coercion, of abduction, blackmail, fraud, deception, by abuse of a position of vulnerability or power or by means of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, as well as recruitment, carriage, concealing, hiring, transporting, providing, harbouring or receiving of a human being for exploitation,

– shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.

2. The same act committed:

a) by the offender knowingly to a pregnant women;

b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

c) by abusing the official position,

– shall be punished by imprisonment for a term of nine to fourteen years, with deprivation of the right to hold an office or to carry out activities for up to three years.

3. The same act committed:

a) repeatedly;

b) against two or more persons;

c) by taking the victim abroad;

d) using violence or threat of violence which is dangerous for life or health;

e) by a group of persons with preliminary agreement, –

shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three years. 4. The act provided for in paragraphs 1, 2 or 3 of this article:

a) committed by an organised group;

b) caused the death of the victim or resulted in other grave consequences,

– shall be punished by imprisonment for a term of 15 to 20 years, with deprivation of the right to hold an office or to carry out activities for up to three years.

Note: 1. For the purposes of this article and Article 143² of this Code, the following shall constitute exploitation for the purpose of gaining material or other benefit: a) inducing a person to perform labour or other services;

1. b) inducing a person to provide sexual services; c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities; d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception;
2. e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modern-day slavery shall mean creation of such conditions when the person performs certain work or renders services in favour of another person in return for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person. Dependence on a person may be caused by, among other things: e.a) confiscation, control or intentional unlawful handling of personal identification documents e.b) restriction of the right to free movement or control of free movement; e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons; e.d) creation of coercive or threatening environment.
3. For the purposes of this article and Article 143², it does not matter whether a person consents to his/her pre-determined exploitation.
4. For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine

Article 143² – Child trafficking

1. Purchase or sale of children, or other unlawful transactions in relation to them, as well as their recruitment, carriage, concealment, hiring, transportation, provision, harbouring or reception for exploitation,

– shall be punished by imprisonment for eight to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.

2. The same act committed:

a) by the offender knowingly to a pregnant women;

b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

c) by abusing the official position, –

shall be punished by imprisonment for a term of 11 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three years.

3. The same act committed:

a) repeatedly;

b) using coercion, blackmail or deception;

c) against two or more children;

d) by taking the victim abroad;

e) using violence or threat of violence dangerous for life or health; f) by a group of persons with preliminary agreement,

– shall be punished by imprisonment for a term of 14 to 17 years, with deprivation of the right to hold an office or to carry out activities for up to three years. 4. The act provided for by paragraphs 1, 2 or 3 of this article: a) committed by an organised group; b) causing the death of the victim or other grave consequences, –

shall be punished by imprisonment for a term of 17 to 20 years, with deprivation of the right to hold an office or to carry out activities for up to three years or with life imprisonment.

Note: For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine.

Article 1433 – Abuse of services of a victim of (a person affected by) human trafficking

1. Premeditatedly using the services of a victim of a crime or of an affected person under Articles 1431 and 1432 of this Code, which is an exploitation under Article 1431  of the same Code,

– shall be punished by imprisonment for a term of three to five years.

2. The same act committed:

a) repeatedly;

b) knowingly by the offender against a pregnant woman;

c) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

d) by abusing the official position,

– shall be punished by imprisonment for a term of five to seven years, with deprivation of the right to hold an office or to carry out activities for up to three years.

3. The same act committed:

a) against two or more persons;

b) with violence or under the threat of violence which is dangerous for life or health;

c) by a group of persons with preliminary agreement, –

shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.

4. The act provided for in paragraphs 1, 2 or 3 of this article committed by an organised group –

shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three years.

Note: A person who committed a crime under this Code shall be released from criminal liability if he/she voluntarily provided information about this to the investigative authorities in writing or by using any technical means of communication, contributed to the conduct of investigation and his/her actions do not contain element of any other crime

Article 1501 – Forced marriage

1. Forced marriage (including an unregistered marriage),

– shall be punished by community service for two hundred to four hundred hours or with imprisonment for up to two years, with or without restriction of the rights regarding weapons.

2. The same act committed:

a) knowingly against a minor;

b) repeatedly, – shall be punished by imprisonment for a term of two to four years, with or without restriction of the rights regarding weapons.

CRIMINAL CODE (PDF)