Public Defender

Overview

Public Defender (Ombudsman) of Georgia is mandated by the Constitution and Organic Law of Georgia to oversee the observance of human rights and fundamental freedoms on the territory of Georgia, identify the cases of infringement of human rights and assist individuals in redressing of violations of their rights. It is an independent constitutional body, which acts to promote human rights and protect individuals from maladministration of State administrative organs.

Brief history

Office of Public Defender has a broad mandate to promote and protect human rights, and that it exercises this mandate in practice. In addition to its existing mandate, the PD has been mandated with responsibilities for as National Preventive Mechanism under OPCAT, and as monitoring mechanism under the Convention on the Rights of Persons with Disabilities.

Since 2014 Office of Public Defender is designated as an Equality Body under the Law of Georgia on Elimination of All Forms of Discrimination.

PDO submits to the Parliament of Georgia annual reports, which includes general assessment of human rights situation in the country, a summary of findings and recommendations on how to address problems identified. PDO also prepares special reports concerning human rights issues in various fields and presents main findings and recommendations to the public and relevant state institutions.

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Amicus curiae brief or similar, Defending own legally binding decision before the courts

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other grounds

The Law on Elimination of All Forms of Discrimination covers open ended clause of protected grounds and extends to every section of life regulated under law.

Other mandates of the institution

Multi-mandate equality body

• National human rights institution
• NPM under National Preventive Mechanism under the Optional Protocol to the Convention against Torture
• Responsible for whistleblower protection
• Office of Ombudsman

Statistics

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

The institution is headed by the Public Defender who has the office comprising of three deputies and departments and units. The institution has thematic – rights focused and technical departments. Each department is supervised by one of the deputies of the Public Defender.

Procedure for nomination and appointment of management and board

The Public Defender is elected by the Parliament with the majority of overall votes for the term of 5 years. The candidate may be nominated by a parliamentary fraction and group of MPs comprising of at least 7 people not belonging to any of the fraction.

Regional or Local offices

9

Accountability

National Parliament

Number of staff

Operating budget