United Nations	A/HRC/39/50/Add.1 	
	General Assembly	Distr.: General
26 June 2018

Original: English	
Human Rights Council
Thirty-ninth session
10-28 September 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
		Report of the Independent Expert on the enjoyment of all human rights by older persons on her mission to Georgia
		Note by the Secretariat
	The Secretariat has the honour to transmit to the Human Rights Council the report of the Independent Expert on the enjoyment of all human rights by older persons, Rosa Kornfeld-Matte, on her mission to Georgia from 12 to 22 March 2018. The main objective of the visit was to identify both best practices and gaps in the implementation of existing laws relating to the promotion and protection of the rights of older persons. In her report, the Independent Expert assesses, to the extent possible, the implementation of existing international instruments as well as laws and policies pertaining to the enjoyment of all human rights by older persons throughout Georgia. Based on information gathered prior to, during and after the visit, the Independent Expert analyses the challenges faced in the realization of all human rights by older persons, paying particular attention to ostracized persons and groups. She also examined measures to foster the implementation of existing law and policies that could contribute to the promotion and protection of the rights of older persons.

		Report of the Independent Expert on the enjoyment of all human rights by older persons on her mission to Georgia*
Contents
	Page
	I.	Introduction		3
	II.	Background and context		3
	III.	Administrative, legal, institutional and policy framework		4
	IV.	Independent Expert’s main findings		6
		A.	Discrimination		6
		B.	Violence, maltreatment and abuse		7
		C.	Adequate standard of living and autonomy		8
		D.	Social protection and the rights to social security		10
		E.	Education, training and lifelong learning		12
		F.	Care		12
	V.	Concluding remarks and recommendations		15
		A.	Overall remarks		15
		B.	Recommendations to the Government		16
		C.	Recommendations to the international community		19

	I.	Introduction
1.	Pursuant to Human Rights Council resolution 33/5, the Independent Expert on the enjoyment of all human rights by older persons conducted an official visit to Georgia from 12 to 22 March 2018, at the invitation of the Government. The purpose of the visit was to identify, to the extent possible, best practices and gaps in the implementation of existing laws relating to the promotion and protection of the rights of older person in Georgia. The Independent Expert has not been able to assess the situation in the territories of Abkhazia, Georgia, and Tskhinvali region/South Ossetia, Georgia, in the context of her visit. Based on information gathered prior to, during and after the visit, the Independent Expert studies the status of rights realization by older persons as well as challenges faced. 
2.	During her visit, the Independent Expert met with the Presidency and the Prime Ministry, numerous representatives of the Government, local authorities, non-governmental organizations, researchers, academia, civil society as well as others working on the rights of older persons and older persons themselves inter alia in Gori, Kazreti, Savshebi (IDP settlement) and Tbilisi regions. 
3.	The Independent Expert expresses her gratitude to the Government of Georgia for extending an invitation to her and for its cooperation and excellent support throughout the visit. She also expresses her appreciation for the support received to the UN Country Team, the United Nations Development Programme (UNDP), the Office of the United Nations High Commissioner for Refugees (UNHCR) and, in particular, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and its Special Procedures Branch as well as its South Caucasus office in Tbilisi, for its outstanding support in the preparation and execution of the visit.
	II.	Background and context
4.	Georgia is the most aged country in the Southern Caucasus region. According to the 2014 census, Georgia has a population of 3,729.635 persons, every fifth of which is aged 60 and over. The proportion of the older population aged 65 years and above is expected to continue growing from 14.2 per cent in 2010 to 21.1 per cent in 2030. The share of those aged 80 years and above will increase from 3.2 per cent to 4.2 per cent over the same period. The United Nations Population Division projects that by 2050 the percentage of people over 60 in Georgia will be 32%.
5.	Georgia ranks 37th among 201 nations and territories in terms of ageing according to the United Nations World Population Ageing report, above a number of developed countries. It also ranks high at 29 on the Global AgeWatch Index 2015.
6.	In addition to the slow demographic growth of Georgia, the country has particularly high emigration. Net emigration rates from Georgia (including Abkhazia and South Ossetia) between 1990 and 2010 were the third highest among the countries of the world with more than 1 million inhabitants leaving the country. 
7.	Even though the whole country is demographically aged, there are important differences between the age structures of the regions and between ethnic groups. As a result of important rural-to-urban migration in the peak economically active ages, older persons tend to be left behind in the countryside with a median age of 40.07 years as opposed to 35.19 in urban areas. The region with the oldest age structure is Racha-Lechkhumi where the share of population 60 years of age and older is 38.0 percent, with a median age of 49 years. Guria, Samegrelo & Zemo Svaneti, Imereti and Kakheti also have relatively high percentages of population over age 50. In the ethnic group of Kurds, every tenth person is 60 years of age and older (median age – 28 years); 40 percent of Ukrainians are 60 years of age and older and their median age is 52.6 years. Such different age structures may require targeted approaches.
	III.	Administrative, legal, institutional and policy framework
8.	Georgia is a post-Soviet country in the South Caucasus. The development of the country was affected by civil unrest and armed conflict. The brief armed conflict with Russia in August 2008 resulted in destruction, displacement, a tense situation after the armed conflict and the recognition of Georgia’s regions of Abkhazia and the Tskhinvali region/South Ossetia by the Russian Federation. According to the latest statistics on displacement of people since the armed conflict records a total of 278,103 IDPs in Georgia. Access to the conflict affected areas remains problematic, whilst many vulnerable residents are in need of basic services.
9.	Georgia is a lower-middle-income country, with 25 per cent of the population living below the $2.50 a day poverty line. During the last decade, economic growth averaged 6 per cent annually, though the unemployment rate is 15 per cent. The Human Development Index (2015) was 0.769, but there are high levels of social exclusion and income disparities, with a Gini coefficient of 0.48 (2011). 
10.	Georgia has acceded to or ratified several international treaties that are of relevance to older persons. It is a party to the main international human rights instruments, including the International Covenant on Civil and Political Rights and its optional protocols; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the Convention on the Elimination of All Forms of Discrimination against Women; the International Convention on the Elimination of All Forms of Racial Discrimination; and the Convention on the Rights of Persons with Disabilities. It is also party to the Convention on the Rights of the Child and its first two optional protocols. The State is a signatory to the Rome Statute of the International Criminal Court, and a party to the Convention relating to the Status of Refugees and the Convention relating to the Status of Stateless Persons. 
11.	Georgia has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. While it has signed the Optional Protocol to the Convention on the Rights of Persons with Disabilities, it has not yet ratified it. 
12.	Georgia is a party to fundamental International Labour Organization (ILO) conventions, including the International Labour Organization Forced Labour Convention, 1930 (No. 29); Abolition of Forced Labour Convention, 1957 (No. 105); Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); Right to Organise and Collective Bargaining Convention, 1949 (No. 98); Equal Remuneration Convention, 1951 (No. 100); Discrimination (Employment and Occupation) Convention, 1958 (No. 111); Minimum Age Convention, 1973 (No. 138); Worst Forms of Child Labour Convention, 1999 (No. 182). It is not party to the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169) and Domestic Workers Convention, 2011 (No. 189). 
13.	The country has not however ratified a number of other ILO conventions and recommendations relevant to older persons, including: Paid Educational Leave Convention, 1974 (No. 140); Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128); Paid Educational Leave Convention, 1974 (No. 140); Rural Workers' Organisations Convention, 1975 (No. 141); Nursing Personnel Convention, 1977 (No. 149); Labour Administration Convention, 1978 (No. 150); Maintenance of Social Security Rights Convention, 1982 (No. 157); Labour Statistics Convention, 1985 (No. 160); Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168); Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173); Social Protection Floors Recommendation, 2012 (No. 202); Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205); Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204); Labour Statistics Recommendation, 1985 (No. 170); Labour Relations (Public Service) Recommendation, 1978 (No. 159); Nursing Personnel Recommendation, 1977 (No. 157), Recommendation concerning Employment and Conditions of Work and Life of Nursing Personnel; Income Security Recommendation, 1944 (No. 67).
14.	At the regional level, Georgia is a member of the Council of Europe and a participating State in the Organization for Security and Cooperation in Europe. It ratified the European Convention on Human Rights on 20 May 1999 and is subject to the jurisdiction of the European Court of Human Rights. Georgia also ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). It has also ratified the European Convention for the Prevention of Torture, Inhuman and Degrading Treatment or Punishment. 
15.	Georgia signed an association agreement with the European Union foreseeing gradual harmonization of all sectors with European Union standards.
16.	The Constitution is the supreme law of Georgia and recognizes the supremacy of international treaties over domestic law, unless treaty provisions conflict with those of the Constitution. It provides guarantees for human rights protection, non-discrimination and gender equality. At the national level, the Government of Georgia has taken important steps to promote human rights and fundamental freedoms for all. The recent constitutional reform has further strengthened guarantees for freedoms and human rights protection through progressive provisions and more balanced, inclusive and decentralized governance. 
17.	Georgia adopted a National Strategy for the Protection of Human Rights 2014-2020 and has recently renewed the Action Plan on Human Rights for 2018-2020, incorporating the recommendations of international organizations, civil society and the Public Defender’s Office.
18.	Together with the United Nations Economic Commission for Europe, Georgia in 2015 elaborated a Road Map for Mainstreaming Ageing intended to guide the way forward for policymakers, civil society representatives and others working in support of older persons. A national Interdisciplinary Working Group (IWG) consisting of experts from a range of areas was established to support the drafting of the Road Map. The recently adopted 2017-2018 National Action Plan for State Policy Concept on Aging of Population of Georgia seeks to translate the Road Map into concrete actions together with a monitoring and evaluation mechanism.
19.	The Public Defender’s Office maintains an “A” status accreditation under the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) and plays an important role in promoting and protecting the rights of older persons. The Public Defender is in charge of monitoring and protecting human rights and reinforcing the law, and provides feedback on complaints regarding violations of rights and freedoms set forth by the Constitution and legislation of Georgia, as well as international treaties to which the country is party. Even though it does not have a department specifically dedicated to issues pertaining to them, some issues of relevance to older persons fall under its responsibility and the Public Defender includes a chapter on the conditions of the rights of older persons in the annual human rights report. The Independent Expert was informed in her meetings that inadequate resources impede the Office from effectively discharging its mandate.
20.	Ongoing reforms of the judiciary resulted in the establishment of an enabling environment for an impartial independent judiciary, while the protection of basic human rights remains fragile and access to justice and respect for the rule of law need further advancement.
21.	While responsibility for older persons in Georgia cuts across several ministries, it mainly lies with the Ministry of Labour, Health and Social Affairs (MOLHSA). The ministry is in charge of developing social protection policies and related programmes and laws. Several of its departments are of relevance to older persons including the Health Care Department, the Labour and Employment Policy Department, the Social Protection Department, the State Fund for the Protection and Assistance of (statutory) Victims of Human Trafficking, the National Centre for Disease Control and Public Health and the Social Service Agency.
22.	The Social Service Agency, an independent entity under the Ministry of Labour, Health and Social Affairs, and its territorial offices administer the state social and health protection programmes, including the state pension, social assistance, health insurance, and primary health care programmes for persons with disabilities. It receives applications for social assistance, takes decisions on eligibility of the applicants, manages the data, and informs the population about the social programmes and the procedures for application. The Social Service Agency also coordinates admission to older persons’ homes, which are administered by the State Fund for the Protection and Assistance of Victims of Trafficking which also administers shelters for victims of domestic violence.
23.	To thoroughly address the issues of gender equality and women’s empowerment, an Inter-Agency Commission has been established under the auspices of the Prime Minister’s Administration. The recently established Inter-agency Council for the Prevention of Domestic Violence also adopts a multidisciplinary approach in its work. Georgia recently established the Department of Human Rights Protection within the Ministry of Internal Affairs. Its aim is to ensure prompt response and effective investigation of domestic violence and violence against women; crimes committed on grounds of discrimination; hate crimes; trafficking of human beings; as well as crimes committed by or against minors. 
	IV.	Independent Expert’s main findings
	A.	Discrimination
24.	Under the Constitution of Georgia, all persons, including older persons, are equal before the law and may apply to the High Court to seek judicial review of any legislation or policy that contravenes the provisions of the Constitution. Older persons can also report violations of the law to the relevant authorities, who will look into the complaint and take action to enforce the law as appropriate. A police report can also be lodged by or on behalf of victims.
25.	In 2014, Georgia adopted the Non-discrimination Law, which clearly prohibiting discrimination on the basis of one’s gender identity and sexual orientation along with race, colour, language, national, ethnic or social belonging, sex, pregnancy or maternity, marital or health status, disability, age, nationality, origin, place of birth, place of residence, internal displacement, material or social status, religion or belief, political or any other ground (Article 1).
26.	The provisions of law provide for the elimination of all forms of discrimination, be it direct, indirect or multiple, as well as protection of every person, irrespective of any ground, in order to ensure equal enjoyment of rights. According to the law, discrimination shall be prohibited in all spheres, both public and private, including, but not limited to labour relations; social security and health care; access to education and learning process; culture and creative art; science; elections; civil and political activities; justice; state services; use of goods and services; housing; entrepreneurship and banking; and usage of natural resources.
27.	The Order of the Minister of Labour, Health and Social Affairs On Approving Minimum Service Standards for the Elderly and Persons with Disabilities in 24-hour Specialized Institutions provides for a non-discriminatory approach towards beneficiaries and includes a special protection scheme from violence, discrimination and negligence.
28.	Moreover, within the framework of the State Strategy for the Formation of the Georgian Labour Market 2015-2018 and its Action Plan of the Ministry of Labour, Health and Social Affairs, Georgia elaborated the State Program on Vocational Training and Qualification Raising of Job Seekers. The aim of the program is to increase the competitiveness of job seekers and promote their employment through vocational training in demanded professions and internships. One of the challenging and important features of the programme is that there is no age limitation for job seekers. However, it does not particularly support or focus on the needs of old age job seekers either.
29.	Age discrimination in the labour market is high. As early as in their late forties persons start stereotyped as lacking dynamism, efficiency and skills. As there is no unemployment insurance, older unemployed workers are left without any income.
	B.	Violence, maltreatment and abuse
30.	Gender-based violence seems to be socially tolerated in Georgia as a result of the persistence of entrenched patriarchal attitudes and gender stereotypes. Common forms of violence include neglect and physical and psychological abuse, which includes humiliation and denial of contact with other people, as well as various forms of financial abuse.
31.	Violence by family members against their older persons seems to occur frequently in Georgia, though abuse may also go undetected as the family is considered a very important institution. The cultural expectation for many is that older persons will be taken care of by the multigenerational family and indeed, a significant part of care is provided within the family. The lack of detailed information about maltreatment, abuse of and violence against older persons makes it impossible to identify the causes, thus impeding the development of adequate prevention measures.
32.	The 2008 Law on Elimination of Domestic Violence, Protection of and Support to its Victims includes older persons who may be particularly vulnerable to issues of abuse. The law puts responsibility on the State, through its authorized bodies, to support and ensure introduction and application of mechanisms for the domestic violence prevention, such as analysis and study of risk factors of domestic violence, legal methods, maintenance of statistics, carrying out information-education campaigns and organization and delivery of special education courses. To identify and eliminate domestic violence, protective or restrictive orders may be issued, as part of criminal and civil law procedures. The law sets out the responsibilities of the police and law enforcement authorities, and provides for the possibility of shelter and calls for the establishment of rehabilitation centres for abusers. 
33.	The Government also adopted a number of strategies and policies with the specific objective of achieving gender equality through the empowerment of women and combating domestic violence, such as the 2016-2017 National Action Plan for Combating Domestic Violence and Implementing Measures for the Protection of Victims of Domestic Violence and the National Action Plan on Gender Equality for 2014-2016. 
34.	In order to strengthen policies aimed at elimination of gender discrimination, violence against women and girls and domestic violence, in 2017 Georgia ratified the Istanbul Convention and introduced relevant amendments to national law and legislative acts. 
35.	While older persons are protected from neglect, maltreatment, abuse and violence according to the Georgian legislation, there seems to be no dedicated programme to prevent and address abuse of older persons. There are also no temporary shelters that would cater for the specific needs of older victims of violence, maltreatment or abuse. 
	C.	Adequate standard of living and autonomy 
36.	The Government’s redistributive policies have played a significant role in reducing poverty in Georgia. Between 2006 and 2012, the percentage of the population living in extreme poverty fell from 5.4% to 3.7%. Despite comprehensive reforms, many older persons remain affected by high levels of poverty. The impact of economic growth and other development progress on improving people’s livelihoods needs to reach more people to effectively reduce poverty.
37.	Georgia is ranked 70 out of 188 countries and territories in the Human Development Index (HDI) in 2015, i.e. in the high human development category. When it is however discounted for inequality, it reveals significant disparities. 
38.	Poverty rates are higher in rural areas and in the east of the country, among households with dependents and households headed by women, and among internally displaced people and households with no working member. The Rural Development Strategy of Georgia 2017-2020 identified the ageing rural population as one of the key challenges in rural areas. The highlands of Georgia are characterized by significant structural weaknesses, including extreme poverty, poor infrastructure and poor access to healthcare.
39.	Applications submitted to the Public Defender in 2017 confirm that a segment of older persons live in grave social and economic conditions. The majority of them face a threat of poverty, homelessness and isolation. A large segment of older persons have no access to social services and adequate living.
40.	Georgia’s social security system accounts for a large part of the resources of older persons and contributes to ensuring financial security of a large portion of the older population. Nevertheless, many older persons remain among the persistent poor. 
41.	Between 2012-2014, the Government significantly expanded social spending, leading to a growth of 60 percent in real terms, led by pensions, health and other direct transfer benefitting older persons as well having an important impact on poverty reduction. In 2013 and 2014, the new government prioritized social expenditures over other objectives and increased its social benefits. Since, public spending on healthcare, education, and pensions increased.
42.	According to the midterm action plan for 2016-2019 - the elimination of the worst forms of poverty in the country, social risks and older citizens remains a challenge for a decent standard of living for the elderly. Therefore, the social protection and retirement benefit program aims at developing an efficient and financially sustainable pension, social welfare system and social services and monetary benefits to vulnerable groups. At present, the retirement package for old aged pensioners (women from 60 and men from 65) and state compensation are distributed within the above-mentioned program, which is equal to the existing rate of the subsistence minimum.
43.	There is lack of housing to ensure adequate living for all older or vulnerable persons in Georgia, while housing is an essential aspect of active ageing and of the ability of older persons to live an autonomous life. Georgia requires a coherent and sustainable housing policy and needs to be active in providing social and affordable housing to older persons.
44.	Persons living in the street, including older persons, is a phenomenon that has recently received increasing attention even though it is difficult to quantify exact needs, as statistical information is not disaggregated by age groups. In the early 1990s, Georgia privatized housing usually at a nominal symbolic price. Many households sold or lost their properties in the years characterized by civil unrest and economic hardship, leaving a number of today’s older persons without a place to live. Some of them live with relatives, others in residential care homes, even though they may not actually be in need of care.
45.	The privatization at nominal value led to a number of persons becoming home owners who are unable to bear maintenance and renovation costs. As commercial banks do not provide housing loans to pensioners, many older persons have no possibility to invest in the improvement of their living conditions. Apartment buildings are in poor conditions, particularly the parts used jointly by all tenants such as elevators. According to the Public Defender, the situation and unsuitable living conditions of older persons and persons with disabilities in the so-called “Cardboard House” in Batumi remain problematic.
46.	Despite the Government’s efforts to provide housing and a plot of land for cultivation to persons living in settlements, access to water, sanitation and health services seem to be limited. The living conditions of displaced women, in particular older women, who represent 60 per cent of the displaced, place them in a vulnerable and marginalized position. Generally, older internally displaced women live in poor economic conditions and are concerned about the cost of medicines and the small pensions they receive. As younger family members were often displaced at an earlier stage, many older persons ended up alone in separate collective centres alone.
47.	Larger cities such as Tbilisi, Batumi, and Rustavi have quite a well-developed transport infrastructure. In 2012, 40 buses of the Tbilisi Transport Company were adapted for persons with disabilities, and special signs were made marking the end of a step to make it visible for visually impaired people at the metro stations. Outside of the principal cities, transport is provided mostly by marshrutka, i.e. private minibuses, which are not necessarily adapted for persons with limited mobility, and in some some regions there is no public transport at all. The lack of regulation of marshrutkas affects the quality of the service and there seem to be instances of discriminatory behaviour by drivers towards older persons as they benefit from preferential rates.
48.	While Georgia ratified the Convention on the Rights of Persons with Disabilities in 2014 and the Government adopted the 2014-2016 Action Plan for Equal Opportunities of Persons with Disabilities as well as relevant regulations on spatial arrangements and architectural and planning elements for persons with disabilities, accessibility of public buildings in Georgia remains limited. Most public buildings are not adapted for older persons, in particular those with limited mobility or older persons with disabilities. There is a need for removing barriers in the physical environment, including adaptation of the physical environment of health care institutions, public spaces and buildings, plus the development of relevant standards, adaptation of the transport system.
49.	On 20 March 2015, the Parliament of Georgia adopted a legislative package, which concerned the reform of the legal capacity system, moving to a system of legal guardianship under which the needs of the person are identified by individual assessment. As a result, the Government approved a number of bylaws. An analysis of the tendency of implementation of the legislative changes however showed that in practice there have not been any effective changes. In addition to some legislative gaps, an analysis of the court’s practice by the Public Defender revealed continued blanket appointment of support, full deprivation of legal capacity and plenary guardianship.
50.	Climate change and its adverse effect on ecosystems and the economy is a serious threat for Georgia in the context of sustainable development. Extreme climate events have increased significantly manifesting in floods and landslides, and droughts are becoming more frequent in western Georgia.
51.	The effects of climate change generally have a disproportionate effect on older persons, owing to their reduced mobility, dependence and physical, emotional or mental condition. These factors are often aggravated by poverty and location and older persons tend to be excluded, isolated and left behind in natural disasters and emergencies.
52.	Flooding has become one of the biggest risks in Georgia, and often harms residential areas and agricultural land in Georgia’s different regions. This particularly affects older persons as 84 per cent of people aged 65 years and above being self-employed and working as subsistence farmers.
53.	Older Internally displaced persons (IDPs) may find it particularly challenging to rebuild theirs lives as they tend to be more emotionally attached to their home town, their neighbourhood and house. The erosion of family support through the displacement situation and the fact that many older persons have remained firmly anchored in the pre-displacement reality impacts their psychosocial wellbeing. 
54.	The State Strategy for internally displaced persons aims to create conditions for dignified and safe return of internally displaced persons and to support internally displaced persons who have spontaneously returned to their places of permanent residence; as well as to support decent living conditions for the displaced population and their integration into all aspects of society. In addition to the monthly basic pension, internally displaced persons, both those living in collective centres and in private accommodation, which is the majority of the internally displaced persons, receive a monthly allowance. In 2014, the Government increased the monthly allowance to 45 lari, while those internally displaced persons with a taxable income of at least 1,250 lari per person per month are no longer eligible for the monthly allowance.
	D.	Social protection and the rights to social security
55.	Social rights are guaranteed in article 37 of the Constitution of Georgia, which provides that “everyone shall have the right to enjoy health insurance as a means of accessible medical aid. In the cases determined in accordance with a procedure prescribed by law, free medical aid shall be provided”; and in article 30 which stipulates that “[t]he protection of labour rights, fair remuneration of labour and safe, healthy working conditions and the working conditions of minors and women shall be determined by law.’’ Reference to social rights is made as well in article 31 according to which “[t]he state shall take care of the equal socio-economic development of the whole territory of the country. With the view of ensuring the socio-economic progress of the high mountain regions, special privileges shall be determined by law.’’ Article 32 furthermore provides: “The state shall promote the unemployed citizen of Georgia to be employed. The conditions of the provision of a minimum standard of living and the status of the unemployed shall be determined by law.’’
56.	Article 22 of the law on social assistance provides general principles of appeal against decisions related to social assistance. Before a person can address the court, he/she should appeal to the central administrative body of social assistance and state disbursements (Social Services Agency). The agency, as a public service is responsible to explore the case and to give explanation to the applicant in 30 days, in case no additional information, it has to be obtained from other agencies.
57.	The social security system is composed of the social assistance schemes, the old age scheme, social services, the social safety net and the social compensation schemes. Social assistance is one of the main components of the system covering the most disadvantaged groups by targeted social assistance schemes. A proxy-means-testing system has been put in place in 2006 in Georgia, which is based on a wider range of variables, such as income, family size or special needs, to better target social protection. In spite of this, the most vulnerable categories of the population, such as older persons, are not necessarily the first ones to receive social assistance.
58.	The State promotes the development and the provision of a wide range of social services, from residential to alternative, community and family based social services. These services target, amongst others, older persons and persons with disabilities. Services include rehabilitation services for persons with disabilities, day care centres and community based services.
59.	Georgia has a universal non-contributory old age pension scheme that serves as an important element in the reduction of poverty and provides a basic level of protection for many older persons. It is a flat rate, unconditional and universal in nature, i.e. it is paid to any person who reaches the retirement age. Pension age in Georgia is 60 years for women and age of 65 years for men. In addition, the state pension system provides Georgian men over the age of 65 years and women over 60 years with a modest replacement rate that is a percentage of their average wage (about 18 per cent). Furthermore, State pensions are provided for persons with disabilities and for the loss of a breadwinner as well. 
60.	Old age pension rates were gradually raised. Since April 2013, the pension amount (in cash), including for the persons with severe disabilities became 125 GEL and was increased to currently up to 180 GEL a month. Despite these increases, the pension remains too low to allow for an adequate standard of living and many older persons are among the persistent poor. The Independent Expert notes that the current pension has a low replacement level and actually also performs, along with the old age pension, merely a poverty alleviation function around the subsistence minimum. She nevertheless notes that non-contributory pensions can play a key role in ensuring that women have access to at least a basic pension, even if the benefit levels may not suffice to adequately meet their needs.
61.	One aspect of the current pension system is that all pensioners receive the same amount irrespective of contributory years and average salary. The current system is not means-tested, as recommended by the International Labour Organization, and may incentivize informal work. There also concerns about long-term sustainability given the demographic dynamics in Georgia. 
62.	A pension system reform is currently underway in Georgia. The draft law presented by the Government on 31 October 2017 foresees the introduction of an of accumulative pension system, i.e. a semi-mandatory pension savings scheme that would be based on personal accounts. This will constitute another pillar of the pension system and will be mandatory for employees under 40 years of age as of 1 July 2018. As transitional measure, persons aged 40 years or above could opt-out of the system during the initial 5 months after automatic enrolment. This may contribute to further manifestations of old age poverty as the possibility to opt-out of the new system may leave many without an adequate pension in the future. The Independent Expert is also concerned that the reform misses key elements of solidarity, intrinsic to mandatory pay-as-you-go (PAYG) schemes found in many European countries, as periods of sickness, unemployment, care or parental leave will be non-contributory. The proposed system may also not effectively address the risk of old-age poverty, particularly among women.
63.	Georgia’s social protection system is fragmented, and further challenged by inadequate institutional capacities in providing quality services as well as analytical capacities to measure and evaluate policy impact on the livelihood of the most vulnerable groups, including older persons.
64	There is no age-friendly policy framework in Georgia, which would encourage the retention of older workers or provide incentives to hire them. There are also no age-friendly workplaces or working arrangements. 
	E.	Education, training and lifelong learning
65.	Education in old age is important for personal growth, paid or non-paid work, active citizenship, local development and consolidating intergenerational relationships. Georgia does not have an established system of continuing education to allow workers to improve their skills or acquire new ones. Older persons in Georgia can register for university courses, provided they pass the entrance exam.
66.	While a new education strategy has been prepared, it continues to focus on qualifying younger persons for a profession, not taking adequately into account that older workers in many professions require ongoing training to upgrade their skills.
	F.	Care
67.	Georgia’s health care system has gone through a substantial transformation since independence. In 2007, Government introduced a Medical Insurance Programme (MIP) for the poorest 20 per cent of the population, and in 2013, a state-funded Universal Health Programme (UHP) was established, which provides a basic package of primary health services, covering also emergency medical care in outpatient and inpatient settings. It does not however cover chronic illnesses and recurrent expenditures for outpatient drugs for people who were previously uninsured.
68.	According to the World Bank, persons of 65 years and above are particularly vulnerable to catastrophic out-of-pocket payments exceeding 10 per cent of total consumption. Because of the limited coverage of the health system, older persons seem to be going directly to pharmacies to self-medicate to avoid these costs, despite the risks. This has aggravated the underutilization of outpatient care services in Georgia. It is essential that adequate coverage be ensured, especially for chronic diseases, which are frequent among the older population in Georgia. Prevention is another area that needs to be further established as there continues to be an over focus on curative medicine. 
69.	The Parliament recently adopted a new Vision for Developing the Healthcare System in Georgia by 2030, which recognizes many of the existing challenges. It builds on the previous National Health Care Strategy 2011-2015, which inter alia identified the need to address disparities between urban and rural access to facilities. A mental health strategy was also recently adopted, which includes Alzheimer’s disease.
70.	Georgia does not have a comprehensive strategy on long-term care. While some elements of long-term care are available, others will need to be strengthened. Long-term care can be both medical and non-medical. It comprises a large spectrum of care services, which include primary, secondary, tertiary care, public health services and emergency services. An overall strategic vision of long-term care would be required as a matter of urgency to provide overall direction for further development of such services in a comprehensive manner. 
71.	Palliative care is incorporated in the national healthcare system action plan 2011 – 2015. The country provides palliative care to terminally-ill persons, including outpatient and inpatient care, under its state programme Service of palliative care of the incurable patients. No co-payments are required for outpatient palliative care for terminally-ill persons, while older persons need to cover 30 per cent of the costs for inpatient palliative care.
72.	The family has traditionally been a strong reference point in Georgian society. The family continues to provide a significant amount of care for older persons. As a result of the migration of adult children abroad or growing urbanization, where living conditions and employment opportunities are better, older parents often stay behind in rural or remote areas. While there is little acceptability of institutional care, the progressive erosion of the traditional multigenerational family setting has left more and more older persons in Georgia without a family and therefore without care. There is a growing need for alternative, including institutional solutions and support to care for older persons as the intergenerational relationships undergo changes.
73.	While reliance on the family has so far ensured broad coverage, informal carers are often not adequately trained and not well prepared for the tasks of a caregiver. They require practical training, taking into account the specific needs of dependent older persons. Targeted training needs especially to be provided to those having older family members with Alzheimer’s disease or other forms of dementia. Moreover, violence, maltreatment, neglect and abuse may go undetected within the family setting as older persons may be reluctant to report such cases because of family loyalty or for fear of reprisals and societal stigma.
74.	Georgia’s care policy of older persons focuses on the delivery of services in residential homes within the framework of community organizations subprogram of the State Program of Social Rehabilitation.
75.	Georgia currently has two public residential care homes, one in Tbilisi and one in Kutaisi, each providing approximately more than 100 places. They operate under the State Fund for Protection and Assistance of (statutory) Victims of Human Trafficking, which is a legal entity of public law under the state control of the Ministry of Labour, Health and Social Affairs of Georgia. It was founded in 2006, on the basis of the law of Georgia on Combating Trafficking in Persons to, inter alia, create decent living conditions for older persons. The older persons’ home in Batumi is managed by the municipality, in collaboration with the church.
76.	There are also several private institutions providing residential care to older persons. A private service provider may be any entity registered at the Ministry of Labor, Health and Social Affairs in accordance with the rule established by the law.
77.	There are internal legislative regulations and minimum standards regulating residential homes in Georgia, including the Minimal Standards of Service to Persons with Disability and Older Persons in Specialized Residential Institutions approved by the Decree No1- 50n of the Minister of Labor, Health and Social Affairs, dated 23 July 2014; and the Decree No52/n of the Minister of Labor, Health and Social Affairs, dated 26 February 2010, On the Approval of the Rule and Terms of Admittance of Persons to and Discharge from Specialized Residential Institutions. There is however no systematized mechanism of monitoring compliance of specialized institutions for older persons with the minimal standards or mechanisms overseeing enforcement of the standards. As a result, existing violations of the rights of older persons in such settings are not addressed. The level of knowledge of legal regulations on violence and standards of service providers seems extremely low and older persons are generally not aware or informed of their rights.
78.	The Kutaisi boarding house for older persons offers good practices in several aspects. For instance, it maintains a registry on incidents, a registry on facts of violence and a written account on measures undertaken in response to complaints. It also has a special feedback registry as well. 
79.	Besides insufficient capacity, quality of care remains an area of concern in all settings.  In some residential homes, levels of care and living conditions for older persons are not adequate and not adapted to the individual needs of older persons. There are reports that older persons have become victims of at least maltreatment. Generally, cases of violence often stay undetected or are underreported, for fear of reprisals or because of a lack of knowledge and awareness about the own rights. Scarce financing and lack of monitoring will need to be addressed more actively.
80.	While Georgia has a very large number of doctors per capita, the number of nurses continually decreased, leading to nurses to doctor’s ratio that is the lowest in Europe. In order to attract sufficient people into the care sector, better training opportunities, including academic qualifications, should be provided, which will also help portray care work as a profession with good career prospects. Only if the numbers match the actual needs, care providers will be enabled to meet the emotional and physical needs of older persons with compassion and dignity.
81.	The State Programs of Social Rehabilitation and Childcare for 2015 benefits persons with disabilities and older persons by supporting the integration of older persons and persons with disabilities into society.
82.	While available home-based care does not match actual needs, there is also an insufficient number of day care centres in Georgia which are run by the public. The 28 public day care centres provide home-based care to around 60 older persons. This does not meet the actual need, which is significantly higher. Municipalities need to be equipped financially, technically, with expertise as well as with human resources to be able to ensure that these services are available to older persons and their families. This would also help overcome existing patriarchal structures and enable women to choose to integrate the work force or build a family as essential contributions to both economic and demographic growth.
83.	Some municipalities, such as Tbilisi, engage non-profit organizations to provide home care against a fee. The Batumi municipality piloted a home-based care project as of 2014 providing services to 40 older persons twice per week. 
84.	Non-profit organizations such as Caritas and the Red Cross provide the largest share of home care services in Georgia, with a focus on living below the poverty line (based on a certificate from the Social Service Agency). They also provide training for informal carers, nurses and medical students. The Home Care Coalition is an umbrella organization for seven smaller organizations engaged in home-care, which also provide day care, housing, nursing homes, hospice, palliative care, as well as retraining of nurses. 
85.	In addition, Georgia has a number of institutions for persons with disabilities, including older persons with disabilities. The Public Defender of Georgia in 2012 expressed concern over both, systematic and individual violations of the rights of persons with disabilities, including evidence of physical restraint and the lack of contact with families. There was also lack of qualified personnel and limited psychosocial rehabilitation services and the report suggests that the quality management of such centres and abuse prevention and case management system are inadequate. 
86.	Georgia’s social service system remains weak. Social workers are overburdened, poorly paid and lack the means and conditions to work effectively. Standards of social work are missing, as is training of social workers.
87.	Older persons have different patterns of disease presentation than younger adults. They respond to treatment and therapies in different ways and frequently have complex social needs relating to their chronic medical conditions. Unfortunately, Georgia’s former leading position in gerontological research has not been pursued. There is currently no gerontology and geriatric faculty at university and only some classes are offered as part of the general programme. There seem to be no geriatric beds and professionals currently available at hospitals.
	V.	Concluding remarks and recommendations
	A.	Overall remarks
88.	The Independent Expert welcomes the recent adoption of the National Action Plan for the implementation of the State Policy Concept on Population Aging in Georgia on 17 November 2017. This was a long awaited step towards transforming the main policy directions into concrete actions for older persons. She regrets that the Action Plan has not yet been translated, which makes it difficult to assess the extent to which the Roadmap for mainstreaming ageing in Georgia which was developed by the United Nations Economic Commission for Europe (UNECE) in collaboration with the Government was embraced. She expresses the hope that the Action Plan will be provide the necessary stimulus towards mainstreaming the rights of older persons into various national policies and all government planning.
89.	The Independent Expert notes the importance of the Interdisciplinary Working Group as a follow-up mechanism. She recommends that the existing institutional infrastructure be elevated to an inter-ministerial coordination body, on a meta-level, with a lead competence on aging issues to ensure a multidisciplinary and comprehensive approach to ageing. It is essential to secure the independence of such inter-ministerial coordination mechanism towards mainstreaming a human rights-based approach into all activities, which would also greatly facilitate the implementation National Action Plan and ensure a holistic approach.
90.	The Independent Expert is encouraged by Georgia’s recognition of the importance of population dynamics for sustainable development. She however notes that the United Nations Partnership for Sustainable Development 2016-2020, while identifying key focus areas of particular relevance for the enjoyment by older persons of their human rights, such as social protection and health, does not include older persons as a particular group in focus. The Independent Expert calls on the Government to ensure the integration of ageing, in a rights-based manner, when formulating the next framework document. She also stresses the importance of creating conditions and possibilities for cooperation between and within generations to maintain and foster the intergenerational solidarity.
91.	The Independent Expert recommends that the mandate of the Office of the Public Defender be expanded mandate to specifically include older persons and that it be empowered to issue binding opinions and to request initiation of legal proceedings, or set up a separate independent monitoring body and extend such powers to it.
92.	The Independent Expert recommends that Georgia ratify the Optional Protocols to the International Covenant on Economic, Social and Cultural Rights and to the Convention on the Rights of Persons with Disabilities.
93.	On the basis of the findings and observations in the present report, the Independent Expert makes the following conclusions and recommendations.
	B.	Recommendations to the Government
	1.	Study and statistics
94.	The Independent Expert encourages the Government to ensure nationwide, systematic and regular collection of disaggregated data on the impediments to the enjoyment of all human rights by older persons, such as all forms of discrimination based on age as sole or accumulated criteria, on exclusion, poverty and on all forms of violence, abuse and maltreatment. Given that data have to be used sensibly to avoid stigmatization and potential misuse, particular care should be exercised when collecting and analysing data to respect and enforce data protection, informational self-determination and privacy.
95.	The Independent Expert recommends that Georgia builds on its past leading role Georgia in terms of geriatric and gerontological research to encourage that social and economic problems of the population aging and the enjoyment of their rights are studied in Georgia. 
	2.	Discrimination
96.	While acknowledging the Government’s efforts to raise awareness of equality and to change people’s attitudes and beliefs to eliminate prejudices regarding older persons, the Independent Expert emphasizes the need for an anti-discrimination strategy addressing discrimination and ageism in a coherent and multifaceted way.
97.	She also notes the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men within the family and in society at large. Such stereotypes are not only a root cause of violence against women in the private and public spheres, but also place women in a disadvantaged position, including in the labour market.
98.	The Independent Expert recommends that the Government play a more active role in disseminating information about the demographic challenges and to ensure that older persons are not only represented as needy and vulnerable, thus effectively fighting existing ageist attitudes. A far-ranging awareness raising campaign should be conducted to challenge existing stereotypes and misconceptions about older persons and to provide alternative views in order to change the societal perception of older persons.
99.	The Independent Expert stresses the need to prohibit discrimination based on age alone in the hiring, retention, promotion and training of employees. This should be accompanied by awareness-raising measures with regard to the important contribution older persons can make as an active part of society and for employers to understand the benefits of an age-diverse workforce.
	3.	Violence, maltreatment and abuse
100.	There are reports that violence against and abuse of older persons, including by family members, occur frequently. In view of a general tendency for underreporting cases of violence, maltreatment and abuse involving older persons, the Independent Expert emphasizes that dissemination of information to older persons about their rights could help to further improve disclosure about abusive experiences.
101.	The Independent Expert stresses that laws are not enough and that further measures and mechanisms are required to detect, report and prevent all forms of abuse of older persons in institutional care and in family settings. Protocols and processes are needed to assist individuals, families, carers in institutional settings and community groups to understand the issues surrounding elder abuse, to recognize individuals who are at risk and to respond when appropriate. Caregivers in domestic and institutional settings need to be further sensitized and trained on how to prevent and detect elder abuse. The Independent Expert also stresses the need for safeguards to be put in place against the financial exploitation of older persons.
102.	She also encourages Georgia to have a preventive information campaign on violence against, maltreatment and abuse of older persons, offering caseworkers who can refer older victims to professional help, including legal, medical, psychological and shelters. 
103.	Training of law enforcement, police, regulatory authorities, judges, lawyers and prosecutors is essential to ensure that investigation of cases of domestic violence proceeds to signal to the community that violence and abuse against older persons are serious crimes and will be treated as such.
104.	Social service providers should also specifically be trained to recognize and resolve abusive situations within families. Law enforcement should be trained to work with older persons who become victims of abuse. Given that older persons may fear to address the police, alternative services, such as case workers, should be available to support older persons throughout the process, e.g. accompanying them to the police, helping them to find a shelter. Such shelters need to specifically be designed to cater for the needs of older persons, notably if they require a high level of medical care and assistance.
	4.	Adequate standard of living and autonomy 
105.	The Independent Expert urges the Government to ensure that aging be included in the discussion on poverty, as it will play an increasingly important role to shape social assistance policies in the future.
106.	She encourages the Government to take further steps to improve the accessibility of public buildings Georgia, including adaptation measures for older persons with reduced mobility and with disabilities. Further measures need also to be taken to make public transport, especially in rural areas, accessible for older persons, notably in areas where marshrutkas are currently the only means of transportation.
107.	Engineers’ and architects’ awareness of the implications of their profession on the enjoyment of all human rights by older persons is essential. The Independent Expert recommends fostering the application of a human rights-based approach to secure the involvement of architects and engineers in the design of public and private buildings, in conformity with human rights.
108.	 The Independent Expert notes that there is a need to conduct a vulnerability assessment of older persons affected by climate change in different areas of the country. It is essential to foster the resilience of older persons, reduce their vulnerability and ensure that older persons are fully informed and that they participate actively in the formulation and implementation of policies and decisions that directly affect them. Their experience, knowledge and skills should be part of all phases of the disaster risk reduction strategy, from mapping exercises to implementing solutions at the local level. This would empower local communities to develop practical and realistic approaches to the environmental challenges faced. During emergency situations, humanitarian response, service, support and information must be adapted to the specific needs and conditions of older persons. Adaptation measure require national legal frameworks to protect the rights of older persons who are affected, drawing upon existing standards, guidelines and best practices, such as the Inter-Agency Standing Committee Operational Guidelines on the Protection of Persons in Situations of Natural Disasters, the Peninsula Principles for Climate Displacement within States as well as the Guiding Principles on Internal Displacement (see E/CN.4/1998/53/Add.2). 
109.	The Independent Expert recommends that the Government conducts an in-depth assessment into the needs of older internally displaced persons to be able to better target specific policies and programmes.
110.	The Independent Expert recommends that the legislation on legal guardianship be further amended to be brought fully in line with the United Nations Conventions on the Rights of Persons with Disabilities. It is essential to raise the awareness within the judiciary and to ensure that judges and lawyers are adequately trained to ensure the rights of older persons with disabilities are fully respected.
	5.	Social protection and the rights to social security
111.	The Independent Expert welcomes Georgia’s recognition that the current pension is insufficient, but calls on the Government to ensure that the reform effectively addresses the risk of old-age poverty, particularly among women, and that it contributes to fostering inter-generational solidarity. She notes that, if necessary, due consideration should be given to alternative options.
112.	The Independent Expert calls on the Government to address persistent poverty among older persons. She emphasizes the need to ensure, despite the existing system of proxy-means-testing, better targets the most vulnerable, notably older persons. Older persons as a group need to be taken into account in the development and refinement of social protection policies and measures in order to proactively and efficiently address major vulnerabilities.
	5.	Education, training and lifelong learning
113.	The Independent Expert notes that there is a need for a holistic approach to education and training, which takes duly into account the needs of older persons and the benefits for them of continuous learning and vocational and educational training (VET). She recommends that the Government furthers its analysis of the labour market needs to align education and vocational training with those requirements and thereby address the existing mismatch.
114.	She emphasizes the importance of enabling and incentivizing older persons to remain in the labour force in accordance with their capacities and preferences. Qualification, retraining and further training/development efforts, including vocational education and training (VET) should be available for all, including older persons. 
115.	Lifelong learning is equally essential for older persons who are no longer part of the labour market for them to be able to deal with constantly changing circumstances, requirements and challenges, for their active participation in society and for an independent life continuing into old age. The Independent Expert stresses that more efforts are needed to put into motion a strategy of lifelong learning that adequately responds to the needs of persons, as they grow older. 
	6.	Care 
116.	The Independent Expert calls on the Government to develop an overall strategic vision of long-term care as a matter of urgency, which should provide overall direction for further development of such services in a comprehensive manner. Further efforts are needed to move from the curative focus to a system that promotes prevention and screening.
117.	The Independent Expert stresses that municipalities need to be equipped financially to be able to ensure that sufficient day care services are available to meet the needs of older persons and their families. This would also free capacities of informal carers and allow them to integrate the work force or build a family as essential contributions to both economic and demographic growth.
118.	Quality management in residential care, abuse prevention and case management system need to be strengthened. The Independent Expert also stresses the need to ensure quality control in all settings, including through the establishment of monitoring mechanism to ensure adequate care of older persons and to be able to effectively address violations of their rights. She further notes that regular contacts with family members are an important element of external control of the well-being of older persons in all residential settings. 
119.	There is a growing need for support to care for older persons as the intergenerational relationships undergo changes and the Independent Expert calls on the Government to step up its efforts in this regard. Existing older persons’ homes are insufficient and alternatives to institutionalization should be further explored such as formalizing home care for older persons, who need permanent care, attendance, help and assistance, home nursing and social home-help services, housing schemes for persons with special needs, day-care centers as well as mobile care. At the same time, as acceptability of institutional care in Georgia remains low, more awareness raising for older persons and family member to understand the benefits of such options. The Independent Expert further notes the importance to consult and take into account the views of all age groups when devising policies for older persons to maintain intergenerational solidarity.
120.	The Independent Expert stresses the need to address the serious challenges in terms of the availability of qualified nursing staff. The nursing and care professions should be made more attractive, providing salaries that are more attractive and career opportunities. She also emphasizes the correlation between working conditions of care workers and the quality of care for older persons. She also recommends the introduction of the profession of social workers and provide adequate training to ensure older persons will be enabled to fully enjoy their human rights.
121.	Given the growing number of older patients, the basics of gerontology and geriatrics, and how to interact with older patients should become part of all medical professional training and pursue a biopsychosocial instead of a mere biomedical approach. The Independent Expert recommends that geriatric medicine be integrated into university curricula to ensure that sufficient qualified specialists in geriatrics are available to meet the needs of an ageing society. Training in gerontology and geriatrics should also be a requirement for training of health professionals already in the labour force and should provided to different categories of health personnel and community members. Moreover, geriatric wards should be established in all hospitals to ensure comprehensive, compassionate care that recognizes the special needs of older persons with a view to optimizing their quality of life and functional ability.
	C.	Recommendations to the international community
122.	The Independent Expert notes that the international community has an important role to play in supporting the Government of Georgia to fully implement the existing international instruments with regard to older persons, in tandem with non-governmental organizations and all civil society actors, in particular to address old-age poverty and to ensure that the rights of older persons during and post-emergency situations are adequately protected, i.e. taking into account their medical and nutritional needs, as well as their mobility challenges, including to access essential services. This requires that data is systematically collected in such situations on older persons.