LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF PERSONS WITH DISABILITIES
One of the missions of the Legal Aid Service is the protection of the social rights of the persons with disabilities.
Legal Aid Service proposes to the persons with disabilities free legal consultations for the protection of their social rights. They can obtain face to face as well as telephone/online consultation. Legal Aid Service provides free legal representation to persons with disabilities only in case if the person is socially vulnerable and the case is particularly complex or important.
Persons with disabilities are persons with substantial physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and efficient participation in society on an equal basis with others.
The State ensures social protection to persons with disabilities and creates necessary conditions for their individual development, and realization of their creative and production capabilities.
State agencies, enterprises, institutions and organisations create conditions for persons with disabilities to allow them to freely move and orient themselves or use residential, public and business premises, transport and transportation services, and means of communication and information.
It is inadmissible to design and construct residential areas, to develop residential districts, to work out design solutions, to build and reconstruct buildings and facilities, including educational, cultural and entertainment, as well as, sports and recreation facilities, airports, railway stations, sea and river transportation communications and facilities, individual means of communication and information unless those facilities meet the needs of persons with disabilities.
Higher state, local self-government and administrative bodies shall be obliged to create a proper environment where persons with disabilities can use cultural and entertainment centres and sports facilities, and also to provide them with special sports equipment and other necessary means
The State provides persons with disabilities with necessary conditions for education and professional training. Educational institutions, together with healthcare and social security authorities, shall provide preschool and out-of-school education to children with disabilities in order to create favourable opportunities to provide appropriate rehabilitation assistance to them, also to provide secondary specialized education and higher education to persons with disabilities according to their individual rehabilitation programme.
In order to exercise their creative and production capabilities, persons with disabilities, in compliance with their individual rehabilitation programme, shall have the right to work at enterprises, institutions and organisations operating under normal labour conditions, irrespective of their form of ownership and business, at specialised enterprises, workshops and units where the labour of persons with disabilities is used; also they shall have the right to conduct individual and other forms of labour activities permitted by law. Persons with disabilities may not be refused employment or promotion, may not be dismissed at the initiative of the administration or transferred to another position without the consent of the disabled person on the grounds of disability, except where, according to a sociomedical assessment, performance of their official duties harms their health or endangers health and labour safety of other persons.
Persons with disabilities shall receive social assistance in the form of financial support (pensions, allowances, etc.), as well as in the form of technical and other means, including motor vehicles, wheelchairs, prosthetic and orthopaedic appliances, special script publications, sound amplification devices and signalling system, also in the form of medical, social and professional rehabilitation services and domestic services. During their employment all persons with severe disabilities and persons with significant visual impairment shall retain pensions awarded to them according to the corresponding disability status. PWDs shall be ensured with technical and other means in accordance with the individualized programmes free of charge or in concessionary terms. Persons with disabilities in need of care givers or helpers shall be provided with medical and domestic services in their own homes or at inpatient
facilities by social service agencies.
Shall be exempt from taxes the taxable revenue of PWD person from birth or person with clear and significant disability, which does not exceed 6000 GEL within calendar year; Provision of goods to a charity organization, if the recipient organization conducts charitable activity with regard to PWD persons or persons with clear ad significant disability in the last 3 calendar years; Also shall be exempt from taxes the care and service provided to preschool institutions to patients, PWD persons and persons over 60; Parcels of land used by budget-funded nursing homes/asylums for persons aged 60 and above and/or persons with disabilities, educational or day care centres for persons (including children) and/or children/adolescents without adequate family support, legal entities under public law – general educational institutions (schools) for performing their main functions; parcels of land used by child educational institutions, special boarding schools, children’s villages and kindergartens engaged in childcare and children education free of charge, if they are not used for economic activity.
In case of violation of rights of persons with disabilities, interested person may apply to Public Defender of Georgia as well as to court.
Legal Acts
Scope of Service
In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:
Terms of Use of the Service
