The Tbilisi City Court has acknowledged discriminatory treatment of the organization “Tbilisi Pride” by private company Promoter LLC.
Ground for the lawsuit
In June 2019, during the organization of the Pride March, Tbilisi Pride and its activists contacted Promoter LLC to print the materials necessary for this event.
After agreeing on the details, the representative of Promoter LLC refused to provide the service on a homophobic basis. In particular, he said that the company does not support the rights of LGBTQ + people and does not want to provide professional services to such an organization.
The denial of services by Promoter LLC was caused by a discriminatory attitude, which is unacceptable according to the constitution and anti-discrimination legislation. Non-governmental organization Partnership for Human Rights filed a lawsuit Tbilisi Pride against the Promoter LLC based on the fact of discriminatory treatment in the business sphere (protection of the rights of LGBTQ +).
Law on the “Elimination of All Forms of Discrimination”
Pursuant to Article 10.1 of the Law of Georgia on the Elimination of All Forms of Discrimination, any person who considers himself or herself a victim of discrimination has the right to file a lawsuit against the person / institution who allegedly discriminated against him / her and to seek compensation for moral and / or pecuniary damage.
The decision of the Court
The Tbilisi City Court held that the claim of the Tbilisi Pride against private company Promoter LLC was upheld and the company confirmed its discrimination in the business sphere, in particular in protecting the rights of LGBTQ +.
The company’s discriminatory attitude reflects a homophobic attitude in the country, which must be taken into account by the state in order to respond immediately to such facts.
Regardless of who displays such a homophobic attitude, whether a legal entity or an individual, everyone is obliged to uphold equality as it is protected by public institutions and as stated in the law on the Elimination of All Forms of Discrimination. Otherwise, improving equality and the legal status of LGBTQ + people in the country will be more difficult.
PHR provides legal assistance with the support of USAID / PROLoG.