The European Union has strongly criticised Georgia's recent adoption of a legislative package on “family values and child protection”, expressing deep concern about the potential impact on human rights and Georgia's prospects for integration into the EU.
The “family values” law, drafted by Georgia’s pro-Russian ruling Georgian Dream party, bans transgender transitions, adoptions by same-sex couples and the dissemination of LGBTQ+ information, similar to Russia’s ban on “LGBT propaganda.”
The Georgian parliament passed the controversial law on September 4 during the second plenary session with 81 votes in favor and no votes against. The ruling party plans to pass the law in a third hearing at the end of September, just weeks before the crucial parliamentary elections on October 26. According to Civil Georgia, homophobia is a central issue in the ruling party's election campaign.
Criticism from the EU
On September 4, the European External Action Service (EEAS), the EU's diplomatic arm, issued a statement regretting the hasty adoption of the package at second reading by the Georgian parliament. The EU stressed that this legislation “undermines the fundamental rights of the Georgian people and risks further stigmatization and discrimination against a part of the population.”
The statement stressed the EU's regret that such powerful laws were adopted without adequate public consultations or a thorough analysis of their compatibility with European and international standards.
“Ensuring and respecting human rights is at the heart of the enlargement process and is assessed annually in the European Commission’s Enlargement Report,” wrote the EEAS.
In light of these concerns, the EU called on the Georgian authorities to “fully reconsider this legislative package”. The statement said that this proposal, together with the restrictions on civil society imposed by the Foreign Influence Transparency Law, “will further strain EU-Georgia relations”.
The EU reminded Georgia that its accession process was “de facto halted” and called on the authorities to re-embark on the path of EU integration. This firm EU stance underlines the potential consequences of the new legislation for Georgia's aspirations for EU membership and its overall relations with the European Union.
Criticism of the Venice Commission
In June, the Venice Commission criticized Georgia's draft law on the protection of family values and minors because it did not comply with European and international human rights standards, particularly with regard to the rights of LGBTI people and issues of gender identity.
The commission stressed that the law could promote discrimination and a hostile environment towards LGBTI people and called for comprehensive changes. Key recommendations include legal recognition of same-sex couples, elimination of discriminatory language, removal of provisions restricting gender reassignment and the use of gender-neutral terms, and lifting bans on gatherings and educational content related to non-heterosexual relationships.
The Commission called on the Georgian authorities to revise the proposed law in whole or in part to bring it into line with the principles of non-discrimination and human rights, but official Georgia ignored the proposed changes.
Foreign Agents Act
Earlier this year, the adoption of another law in Georgia, the “Foreign Agents Law,” which was modeled on Russian legislation, sparked widespread protests in the country and drew criticism from the EU, putting Georgia's bid for EU membership in jeopardy. Despite a presidential veto, the ruling party, which holds a majority in the country's parliament, overrode it and passed the controversial law.
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