This publication was developed under the framework of the EU-supported project “The way forward for reforms in the housing sector: empowering grass root homeowners’ associations in Azerbaijan, Belarus, Georgia, Moldova and Ukraine” by the NGO Charity Humanitarian Centre “Abkhazeti”.The content of this publication does not reflect the official opinion of the European Union.
Creating barrier-free, universally accessible environment is one of the major tasks of the modern welfare states. This approach became even more topical with the adoption of the of the Convention on the Rights of Persons with Disabilities in 2006, and its ratification in the member states of the UN that once again highlighted its importance.
Living in a barrier-free and accessible for all environment is a human right. Adapted environment implies not only ensuring free access to the surroundings for the persons with limited mobility, but it also covers providing free access to the environment to the persons with visual and hearing impairment, with reduced mobility due to the chronic illness or age, as well as adapting the environment for the children. It is notable that ensuring a barrier-free access is important on the different occasions, this can be the free movement for the pregnant women, persons who carry a baby stroller, as well as anyone in case of created barriers to mobility due to natural disasters. Insufficient adaptation of buildings and environment originates limits of the free use of the public space.
At the legislative level, ensuring barrier-free and accessible environment in Georgia proceed from different laws and principles. The Constitution of Georgia and the Law of Georgia on the Elimination of All Forms of Discrimination regulate the equality principle, and the National Strategy for the protection of human rights in Georgia 2014-2020includes goals and objectives for the improvement of the situation with regard to the rights of the disabled persons, among them, encouraging a greater independence and facilitating access to the public services and transport infrastructure.
The Law of Georgia on Social Protection of Persons with Disabilities foresees the adaptation of buildings. The Chapter II of the law, Creating Conditions for Unhindered Use of Social Infrastructure by Persons with Disabilities, contains the articles that specifically stipulate that “state agencies, enterprises, institutions and organisations shall create conditions for persons with disabilities to allow them to freely move and orient themselves” and to receive information. Apart from that, the Article 8 of the same law provides for considering the needs of persons with disabilities when designing and constructing social infrastructure facilities. This principle was in the initial version of the law in 1995, and the clause in its present wording has been in effect since 2001. Accordingly, it is inadmissible to design or build any building or construction “unless those facilities meet the needs of persons with disabilities”. Consequently, according to the law, buildings and infrastructure shall be adapted from 1995, however, a proper implementation of this rule has been problematic and has been facing obstacles up to date.
Despite the fact that the large-scale research of the barrier-free and accessible environment has not been yet conducted in Georgia, separate non-governmental organisations and civil activists have implemented the local researches. In 2017, the Public Defender has addressed four municipal councils – Batumi, Poti, Gori and Zugdidi with a recommendation to ensure unhindered enjoyment of parking spaces by persons with disabilities.
Based on the existing information, it can be stated that a barrier-free environment has not been sufficiently ensured in Georgia, regardless the high necessity. According to the reportof the National Statistics Office of Georgia that relies on the data of the Ministry of Labour, Health and Social Protection of Georgia, 125 248 persons with limited disabilities receive the pension and social package that is the 3,37 percent of the total populationof the country (3718200 persons). There are more persons who have the necessity of barrier-free access to the environment. If the total number of the senior citizens and persons who require other types of adaptability will be considered, this number reaches 7-8 percent. With this, the increasing tourism in Georgia that prevails 6 million tourists in 2017, requires the relevant adaptation of the infrastructure and its proper functioning. It is notable that apart from the minor exceptions, the recently constructed and older buildings still require adaptation and there are cases whereas ramps and special rails with the purpose of ensuring access for the differently abled personswere installed incorrectly, their surface did not meet the standard, or the slope inclination excluded its actual use. The ramp inclination angles should be low (5-7 degrees). “Technical Regulations on the Arrangement of the Space Design and Architectural and Planning. Elements for Persons with Disabilities”does not consider this particular issue but otherwise regulates the question of adaptability of different types of buildings and constructions, infrastructure and institutions.
Despite the existing legislative base, ensuring the efficient provision of the adapted environment in practice faces different kinds of problems. Observing the existing reality, the environment is partly adapted for all. The improper planning and construction is still the case. For instance, the additional stair stepcould be a barrier in case of the otherwise accessible building.It is also important to maintain properly already adapted infrastructure and to consider the factor of its needs for reparation. On the example of Tbilisi, there has been a case whereas ramps installed by a non-governmental organizationwere damaged in the process of paving the road with asphalt.For using the ramps, it is necessary that it met the standards and should be maintained in its original conditions.
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The document reflects the position of the Project and can in no way be taken to reflect the views of the European Union.
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