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21.
It is worth noting that, apart from the prohibition on persecution based on religion or
belief, the only limits on this right laid down in the Constitution are those that might apply to the
exercise of the these rights if the rights of other individuals were infringed. This latter paragraph
has sometimes been invoked to penalize proselytizing stances taken by religious minorities
which are said to infringe upon the freedom of religion of members of the Orthodox Church.
Thus the limits laid down in the Constitution are not entirely similar to those called for under
article 18 of the International Covenant on Civil and Political Rights, which relate to the
manifestation of religion or belief and are necessary to protect public safety, order or health.
22.
The Constitution also bans discrimination of any kind, inter alia on grounds of religious
appurtenance. Article 14 states:
[e]veryone is born free and is equal before the law, regardless of race, skin colour,
language, sex, religion, political and other beliefs, national, ethnic and social origin,
property and title of nobility or place of residence.
23.
One distinctive feature of the Georgian Constitution is that it explicitly recognizes the
role played by the Orthodox Church in the history of the country. According to article 9:
[t]he State recognizes the special importance of the Georgian Orthodox Church in
Georgian history but simultaneously declares complete freedom of religious belief and
confessions, as well as independence of the Church from the State.
2. Legislative
24.
Apart from the Constitution, Georgia does not at present have any particular legislation
establishing a legal regime to govern religious communities and faiths. While that does not seem
to be a problem for the Georgian Orthodox Church, in part because of the constitutional
agreement between it and the Georgian State which will be discussed below, it is, according to
some informants, a real drawback for all other religious communities established in the country
which lack a legal status enabling them to go about their business unhindered. The Special
Rapporteur learned that some religious minorities, such as the Jehovah’s Witnesses (see below),
had tried to register as legal entities.
25.
The Special Rapporteur has, however, been informed that a bill on the subject has been
drawn up by the Ministry of Justice. The bill, which has yet to be discussed in Parliament,
defines what is meant by freedom of religion or belief, governs relations between religious
communities and the State, the religious education system, the status of religious bodies, the
procedure and conditions applicable to their registration, religious activities and literature,
objects of worship, and the property and tax status of religious communities and faiths. The
Special Rapporteur gathers that the bill has been submitted to some international organizations
for them to evaluate its conformity with international law on the subject, and prima facie poses
no major difficulties.
26.
A law on religions is supported in principle by most members of the Government, the
Georgian Orthodox Church and most religious minorities. Some commentators pointed out that
while such a law might not be necessary in theory, it was probably necessary given the current