TO BRRING HUMAN RIGHTS SYSTEM TO EUROPEAN LEVEL

Understanding the high likelihood of unfair or unequal legal proceedings with the state or corporations, the European legal system has built an effective system for protecting human rights. The entire system and all legislation are based on the principle that the individual, not the state or business, should be at the center of attention. Georgia has undertaken international obligations to align its legislation with high European standards focused on protecting citizens' rights. Our team considers it our mission to develop the human rights protection system to the European level. Only this will enable Georgia to stand alongside Western European countries.

EUROPEAN STANDARDS

Jean-Jacques Rousseau, in his work "The Social Contract" (1762), emphasised: “Nature endows people with rights that they should possess in their natural state.” The entire European legal system is built on this principle, and the main task of the state in modern society is to create conditions for the realisation of freedoms by each individual, which is possible only with an effective system of human rights protection. Often, the state is not only the guarantor of human rights but also a party to disputes with its powerful apparatus and unlimited capabilities. Any lawsuit vs Government can undoubtedly put the parties in unequal positions. For this reason, the legal systems of all developed countries are constrained by human rights legislation, which grants any citizen the ability and freedom to defend their interests. Article 13 of the European Convention on Human Rights has granted all citizens with the right to an effective remedy provided by the state. This right is integrated into the legislation of all European countries, including Georgia, whose legal system is developing in line with European human rights legislation.

Foreign citizens residing in Georgia sometimes feel insecure in terms of their human rights. However, they are subject to the same rights and obligations as the citizens of this country. Often, in developing countries, human rights violations are justified by security issues. This is done to formally comply with human rights legislation; nevertheless, the level of possible security threats can almost always be measured, and there are clear criteria for this in the European Court of Human Rights. If information is classified or secret, Georgian courts are obliged to check such information for compliance and formality. In disputes with government agencies, lawyers often resort to human rights legislation, which commonly addresses:

• Violation of the right to a fair trial (illegal searches, detention; expulsion or deportation; lack of legal defense);
• Physical or psychological violence to intimidate; unlawful persecution;
• Discrimination based on gender, age, property, nationality;
• Violation of the right to private and family life;
• Violation of children's rights.

Disputes between individuals and organisations, which may also possess greater resources and capabilities, are similarly challenging. Most violations committed by organisations involve consumer rights violations. State bodies implement consumer protection policies, typically expressed in the regulation of client relations by other authorized state bodies and self-regulating organizations (Consumer Rights Protection Society). Fighting egregious violators of consumer rights legislation often occurs in court, especially in developing countries where the human rights system is not yet at a minimal basic level.

The most common consumer rights violations in Georgia include:

• Providing false information about products or services (misleading and deceptive information about goods or services);
• Selling goods/providing services of inadequate quality (goods/services not meeting the stated characteristics);
• Breach of contract terms (failure to provide copies of contracts, concealment of information in contracts, changing contract terms without the consumer’s consent);
• Violating the safety standards of products/services (lack of precautionary information, providing services that may harm individuals, animals, or the environment);
• Non-compliance with established standards and norms or services not meeting the necessary safety levels;
• Refusal to provide complete information about goods and services;
• Forcing the consumer to purchase goods/services (may include manipulative methods to compel the consumer to acquire unnecessary goods/services);
• Unlawful pledging of consumer property;
• Insufficient or incorrect consumer consultation;
• Price manipulation (unjustified price increases, restricting consumer choice);
• Concealment of information about the cost of additional services and goods.

Consumers can protect their rights by contacting self-regulating organizations (Consumer Rights Protection Society), professional associations, law enforcement agencies, and courts. Gross violations of consumer protection legislation can lead to the suspension of the enterprise's activities.