Public Defender of Georgia Describes Rule of Issuance of Social Allowance as Discriminatory
On October 2, 2017, the Public Defender of Georgia addressed the Minister of Labour, Health and Social Affairs of Georgia with a recommendation with regard to a case of discrimination on grounds of nationality. The applicant's interests were represented at the Public Defender's Office by the NGO -Young Lawyers’ Association.
According to the factual circumstances of the case, the applicant is a member of a 7-member family which lives in a difficult economic situation. Her spouse is a foreign citizen who has no residence permit in Georgia. The applicant and her children had enjoyed social assistance, but the situation changed after her husband joined the family.
Pursuant to the normative acts of the Ministry of Labour, Health and Social Affairs, a family member should present all family members’ ID card/residence permit or Georgian passport or any other identity document indicating the personal number of the owner, in order to get social assistance. The applicant's husband could not present a residence permit, due to which, social assistance was suspended for the entire family.
The Public Defender emphasizes in the recommendation that one person's legal status should not affect the rights of other people - the applicant and her children. Namely, the persons, who fully meet all factual-legal requirements, should not be deprived of the right to get social allowance from the state.
The Public Defender calls on the Minister of Labour, Health and Social Affairs to modify the legislation on social assistance in such a way that the failure of a family member to meet certain criteria does not restrict the right of other family members to get social allowance.
 Sub-paragraph "a" of paragraph 4 of Article 11 of the Order N225/n of 22 August 2006 and
paragraph 5 of Article 7 of the Order No 141/n of 20 May 2010.