Evaluating the Republic of Georgia’s Domestic Legal Remedies Against Domestic Violence

Human Rights Research Center
4 hours ago
12 min read

May 14, 2026

[Image credit: RDNE Stock Project via Pexels]

Introduction

Domestic Violence (DV) in Georgia is a significant human rights issue that is deeply rooted in social and institutional structures. Domestic Violence within families has long been regarded as a private matter, shielded by societal norms and patriarchal traditions, and largely invisible to public authorities. The invisibility or even ignorance has contributed to the normalized acceptance of domestic violence, particularly against women, who were expected to honor the family and maintain secrecy regarding abuse (UN Women, 2025b). However, over the past two decades, society has increasingly recognized the dangers of Domestic Violence to people’s health and life (Shetekauri, 2015). Consequently, Georgia has made significant improvements in addressing domestic violence through constitutional guarantees, criminal law reforms, specialized legislation, and support services for victims. However, gaps persist in enforcement, public awareness, and socio-cultural acceptance of women’s rights (Pirtskhalava et al., 2024).

This essay evaluates the effectiveness of Georgian domestic legal remedies against Domestic Violence. It examines constitutional and legislative frameworks, institutional mechanisms, enforcement and implementation challenges, socio-cultural factors influencing victimization, and survivors’ lived experiences. Finally, it assesses the strengths and limitations of current remedies and proposes actionable recommendations to enhance protection and justice.

Constitutional and Legal Foundations

Constitutional Guarantees

Generally, Georgian law on Prevention of Domestic Violence, Protection and Assistance to the Victims of Domestic Violence defines Domestic Violence as a grave violation of constitutional rights, including physical, psychological, economic, and sexual violence, as well as coerced sexual relations between family members (Gogberashvili 2023).

The Constitution of Georgia provides a strong legal basis for equality and human rights. Article 14 establishes that all persons are equal before the law, regardless of sex, implying equal protection for men and women (Duarte et al., 2006). Article 11 further obliges the state to ensure substantive equality, requiring the development and implementation of laws, policies, and programs to guarantee equal rights and opportunities for women and men (Merebashvili, 2023). Article 6 complements these provisions by recognizing the supremacy of international treaties, ensuring that Georgia’s domestic legislation aligns with universally recognized human rights standards, except when they conflict with the Constitution (Duarte et al., 2006).

Civil and criminal procedural codes further operationalize these constitutional guarantees. Most importantly, they both include the principle of equality and non-discrimination on any grounds, including sex, and any legal means of protection of women’s rights is actively based on the principle of equality with men. Article 5 of the Civil Procedure Code establishes equality before the courts, while Article 9(1) of the Criminal Procedure Code guarantees that all persons are equal in criminal proceedings (Duarte et al., 2006). Furthermore, Article 142 of the Criminal Code criminalizes violations of equality, including gender-based discrimination, with penalties ranging from fines to imprisonment of up to two years (Duarte et al., 2006). Collectively, these provisions establish a strong normative foundation for addressing Domestic Violence, particularly when discrimination or unequal treatment contributes to abuse (Duarte et al., 2006).

However, despite the acknowledgement of the principle of equality in the law, existing legislation is not sufficiently explicit regarding certain forms of Domestic Violence and gender-based discrimination (Duarte et al., 2006). The procedural codes also lack a law that would explicitly reinforce gender equality. Moreover, the criminal Code of Georgia and Articles 117 and 118 generally punish deliberate grave and less grave damage to health, but do not explicitly address psychological or economic violence against women (Duarte et al., 2006).

The Criminal Code of Georgia also fails to explicitly mention marital rape or rape within a family unit. Although Article 137 prohibits and punishes all forms of rape, the absence of explicit reference to marital rape may perpetuate the perception that it is not recognized as a crime (Duarte et al., 2006). This becomes even more evident considering that marital rape is often not disclosed and remains hidden due to societal pressure. These gaps in the legal documents are problematic, considering that the most effective measures against Domestic Violence are administrative-legal mechanisms that derive from these laws (Duarte et al., 2006).

Apart from the Civil and Criminal codes of Georgia, other mechanisms of fighting Domestic Violence against women include the Georgian law on “Prevention of Domestic Violence, Protection and Assistance of Victims of Domestic Violence”. Article 12 of this law defines Domestic Violence and establishes protection and support for victims, including guarantees of social protection, including but not limited to: the right to use specific means for defending from the abuser, the right to use shelters, and access to psychological aid during their stay at the shelter(Pirtskhalava et al., 2024). The provision of shelter and crisis centers is essential as they offer victims of Domestic Violence a temporary place for rehabilitation, legal and medical assistance, and awareness-raising services (Pirtskhalava et al., 2024).

International Obligations

Georgia has ratified key international instruments protecting women and addressing Domestic Violence. These include the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) (1994), the Istanbul Convention (2017), and the International Covenant on Civil and Political Rights (ICCPR) (Merebashvili, 2023).

CEDAW, arguably the most crucial international women’s rights document, establishes the obligations of the signatory parties to provide adequate guarantees for the protection of women and ensure equal rights in employment, political participation, and social spheres (Merebashvili 2023). In 2017, Georgia became the 23rd country to ratify the Istanbul Convention, which defines Domestic Violence and mandates prevention measures, victim support, and legal sanctions (Merebashvili 2023). Article 6 of the Istanbul Convention explicitly requires the implementation of gender-sensitive policies and impact assessments (Gogberashvili 2023). Article 16 of the ICCPR requests signatories to respect civil and political rights of individuals, including the right to life, expression, and gender equality (Merebashvili 2023).

While Georgian Domestic Violence laws are compatible with International documents(The Istanbul Convention and CEDAW) practical enforcement remains rare, particularly in rural areas where traditional, patriarchal gender norms persist (Merebashvili 2023). Gender-based Domestic Violence is a very complex human rights issue, which requires a comprehensive approach, both in terms of supporting the victims and ensuring adequate criminal responsibility for the perpetrators, which will not happen unless criminal law policies are amended (Merebashvili 2023).

Domestic Violence Legislation

The Law on Prevention of Domestic Violence (2006)

In recent years, Domestic Violence in Georgia has gained attention as a result of an alarming number of domestic violence cases. Georgia’s first dedicated domestic violence law was adopted in 2006: the law on Prevention of Domestic Violence, Protection and Assistance of Victims of Domestic Violence. The law recognizes that Domestic Violence is a public concern rather than a merely private family matter (Gogberashvili, 2023).

The law defines Domestic Violence broadly, including physical, psychological, economic, and sexual abuse, as well as coercion and neglect by family members.

Furthermore, the law introduced administrative remedies, such as restrictive and protective orders, allowing authorities to temporarily separate abusers from victims prior to criminal prosecution. Social protection measures were also included, guaranteeing victims access to emergency medical aid, psychological support, legal assistance, and temporary accommodation (Gogberashvili, 2023). This comprehensive framework laid the foundation for Georgia’s legal response to Domestic Violence.

Criminal Law Reforms

Criminal law reforms in 2012 further strengthened protections. Article 126(1) of the Criminal Code criminalizes repeated domestic abuse, blackmail, humiliation, and coercion causing physical pain or suffering when the abuse does not meet the threshold of serious bodily harm under Articles 117–120 (Shetekauri, 2015).

Additional amendments recognized gender-based motives as aggravating circumstances in crimes, including murder (Article 109), incitement to suicide (Article 115), and bodily injury (Articles 118, 177). These provisions acknowledge that patriarchal attitudes and gender discrimination frequently contribute to domestic violence (Merebashvili, 2023).

However, certain forms of abuse remain under-addressed. Incest and bride kidnapping, though occasionally prosecuted under general criminal provisions, are not explicitly criminalized, allowing some forms of domestic sexual violence to persist as hidden crimes (Duarte et al., 2006). For example, bride kidnapping may fall under Article 143 (illegal deprivation of liberty), but in practice, enforcement is inconsistent, particularly in rural regions (Duarte et al., 2006).

Administrative Remedies

Administrative legal mechanisms are critical protective tools in Georgian law. For example, restrictive orders, issued by police, limit the abuser’s access to the victim for one month. If approved by a court, these orders become protective orders, lasting six to nine months (World Bank, 2017). These measures are crucial because criminal prosecutions often take time, and immediate protection can prevent further harm. However, the low rate of judicial approval suggests institutional hesitation or insufficient evidence collection by police, raising concerns about the practical accessibility of these remedies.

Administrative remedies also enable victims to access social services, such as crisis centers and temporary shelters, without initiating full criminal proceedings (Gogberashvili, 2023).

Institutional Structures and Support Services

Governmental Bodies

Apart from legal remedies, Georgia has established multiple institutions to promote women’s rights and enforce domestic violence legislation (Duarte et al., 2006). These include the Gender Equality Advisory Council, which advises on gender policies and legislative harmonization, and the State Commission on Gender Equality, which drafts national gender policy, submits recommendations to the government, and monitors legislative compliance with international standards (Duarte et al., 2006).

Furthermore, the Inter-Agency Commission on Gender Equality, Violence Against Women, and Domestic Violence (2017) coordinates the implementation of domestic violence laws, facilitates inter-institutional cooperation, and plans prevention programs (UN Women, 2025a).

These institutions provide policy oversight, legislative guidance, and program coordination, helping to institutionalize gender equality and victim protection.

Crisis Centers and Shelters

One essential support mechanism in Georgia is the network of state-supported crisis centers and shelters, which are vital for victim protection and rehabilitation (Gogberashvili, 2023). As of 2023, Georgia operates seven crisis centers and five shelters, though only Tbilisi provides 24-hour residential support. Services include psycho-social rehabilitation, legal aid, emergency medical care, and translation when needed. Victims may stay in shelters temporarily or access services without permanent relocation (Gogberashvili, 2023).

Despite the infrastructure and accessibility, coverage for such centers is insufficient, especially in rural areas, leaving many victims without immediate protection. Local governments should be actively involved in addressing victim needs for safe housing , economic security, and access to services (Pirtskhalava et al., 2024; UN Women, 2025b).

Socio-Cultural Barriers

Patriarchal Norms

Georgia continues to struggle with persisting patriarchal traditions and rigid gender norms that remain entrenched in society. Historically, Georgian men exercised absolute authority within families, while women were expected to protect family reputation and conceal abuse (Gogberashvili 2023).

Surveys indicate that 66% of women and 78% of men agree that a woman’s primary role is to maintain household order, and 42% of men believe wives should obey husbands. Some people even justify spousal violence under certain conditions (Merebashvili, 2023). These attitudes normalize abuse and discourage victims from seeking legal redress.

Furthermore, the attitude “what happens in the family, stays in the family” still exists in Georgia, especially in rural areas. This sort of social stigma is a major barrier to reporting violence. Victims often fear community judgment, family shame, or societal gossip, which severely discourages engagement with law enforcement (Pirtskhalava et al., 2024). All this pressure has extreme psycho-social consequences on victims. They often experience low self-esteem, anxiety, and trauma, affecting them and, if relevant, their children (Pirtskhalava et al., 2024).

As the final point, many women are economically dependent on their abusers and lack independent income, as well as vocational opportunities, which limits their ability to escape abusive relationships (World Bank, 2017). Even when crisis centers provide vocational training, long-term employment opportunities remain insufficient.

Figure 1: Reasons for Not Reporting an Incidence (Women)

[Image source: Gender Based Violence in Georgia: Links among Conflict, Economic Opportunities and Services, World Bank, 2017]

Figure 2: Responses to the Question: If a Man Mistreats his Partner, Should Others Outside of the Family Intervene?

Implementation and Enforcement Challenges

Judicial Competence and Law Enforcement

Despite reforms, the effectiveness of judicial and law enforcement remains limited. Georgian law enforcement officers often lack adequate training in gender-sensitive investigations, resulting in superficial investigations (Pirtskhalava et al., 2024). Courts sometimes deny protective orders or fail to consistently apply criminal sanctions, undermining victims’ trust in the legal system (Shetekauri, 2015).

Underreporting

Victims frequently refrain from reporting abuse due to stigma, fear of reprisal, or belief that authorities will not act. Studies indicate that domestic violence is often hidden, limiting law enforcement’s ability to intervene and preventing accurate data collection (Pirtskhalava et al., 2024; UN Women, 2025a). Many women also have insufficient knowledge of existing protection systems and their rights.

Statistical Trends and Progress

Recent data shows both progress and ongoing challenges:

Calls to the national victim support helpline rose from 1,016 in 2011 to 4,100 in 2023 (UN Women, 2025b).
Criminal prosecutions for gender-motivated violence increased by 46% in 2022, with family crimes comprising the majority of cases (Merebashvili 2023).
Despite increased awareness, protective orders remain underutilized: in 2014, police issued 902 restrictive orders, yet courts approved only 87 protective orders (World Bank, 2017).

These figures highlight growing recognition of domestic violence but also reveal persistent enforcement and systemic gaps.

Assessment of Strengths and Limitations

Strengths

Laws in Georgia offer a relatively comprehensive legal framework. They offer constitutional guarantees, specialized laws, and a strong normative foundation.

Furthermore, administrative remedies allow immediate intervention and separation of victims from abusers. Additionally, in Georgia, there are multiple forms of victim support services, such as shelters, crisis centers, and psychosocial services that provide essential support backed by the state (Pirtskhalava et al., 2024).

Georgia’s legal framework is also largely aligned with international standards, particularly CEDAW and the Istanbul Convention (Pirtskhalava et al., 2024).

Limitations

Despite these positive developments, significant enforcement gaps remain. Limited institutional capacity, inconsistent judicial practice, and persistent social stigma continue to undermine effective protection (Pirtskhalava et al., 2024).

Furthermore, legal gaps also remain, particularly the lack of explicit criminalization of marital rape and incest (Duarte et al., 2006).

Policy Recommendations

Although Georgia’s laws provide important protections for women against domestic violence, further improvements are necessary.

First, law enforcement training should be strengthened through gender-sensitive programs for police, prosecutors, and judges. This will improve the quality of how DV cases are handled (Pirtskhalava et al., 2024, Gogberashvili 2023).

Second, the geographical coverage of shelters and crisis centers should be expanded, and they should ensure 24-hour access and provide vocational training for survivors (Gogberashvili 2023, World Bank 2017).

Third, serious legal reforms are necessary: there should be explicit criminalization of marital rape and incest, and bridal kidnapping should be fully prosecuted under domestic violence statutes (Duarte et al., 2006).

Fourth, the definition of domestic violence, including psychological, emotional, and economic violence against women, should be introduced in all legal texts.

Finally, public awareness campaigns and economic empowerment programs should challenge patriarchal norms, reduce stigma, and improve women’s access to employment and financial independence (World Bank 2017).

Conclusion

Georgia has made notable progress in developing domestic legal remedies against domestic violence, transforming an issue long considered private into a public concern with legal, institutional, and social recognition (Gogberashvili 2023, World Bank 2017). Constitutional guarantees, ratified international treaties, specialized legislation, and protective measures demonstrate political will and legal commitment (Merebashvili 2023).

Nevertheless, enforcement gaps, socio-cultural barriers, and incomplete legal coverage continue to undermine effective protection for women (Gogberashvili 2023, Pirtskhalava et al., 2024). Georgia struggles with structural gender inequality and patriarchal power dynamics, which reinforce male dominance and female subservience, creating an environment where violence is tolerated or justified (Merebashvili 2023).

For Georgia to fully realize the promise of its domestic violence legislation, it must strengthen enforcement, expand support services, promote cultural change, and address socio-economic vulnerabilities (Gogberashvili 2023). Only a multi-faceted, sustained approach can actually bridge the gap between law and lived reality, ensuring safety, justice, and equality for women across the country.

Glossary

Administrative legal mechanisms: Legal procedures, such as restrictive and protective orders, that allow authorities to intervene immediately to protect victims of domestic violence.
Bride kidnapping: A form of forced marriage in which a woman is abducted and coerced into marriage, sometimes involving sexual violence.
CEDAW: Convention on the Elimination of All Forms of Discrimination Against Women, a key international treaty obliging states to guarantee women’s rights and gender equality.
Domestic violence (DV): Abuse, coercion, or neglect by one family member against another, including physical, psychological, sexual, or economic harm.
Gender-based violence (GBV): Violence directed at a person because of their gender, often disproportionately affecting women and girls.
Gender equality: The state in which men and women have equal rights, responsibilities, and opportunities in all spheres of life.
ICCPR: International Covenant on Civil and Political Rights, a United Nations treaty ensuring civil and political rights, including equality before the law.
Intimate partner violence (IPV): Physical, sexual, or psychological harm by a current or former partner in a domestic setting.
Istanbul Convention: Council of Europe Convention on preventing and combating violence against women and domestic violence, ratified by Georgia in 2017.
Marital rape: Non-consensual sexual activity imposed by a spouse, often unrecognized explicitly in older domestic laws.
Non-discrimination principle: Legal concept that all individuals should be treated equally before the law without bias based on sex, race, religion, or other protected characteristics.
Patriarchy: A social system in which men hold primary power and dominate roles in political leadership, moral authority, social privilege, and family structures.
Restrictive order: Temporary legal measure issued by authorities to restrict an abuser’s access to a victim.
Protective order: Court-approved legal measure extending the duration of restrictions on an abuser to protect the victim over a longer period.
Substantive equality: An approach to equality that emphasizes outcomes and actual access to rights, not just formal legal equality

References

EFLE 2015. “Mechanisms of Legal Response and Social Protection on the Facts of Domestic Violence According to Current Legislation of Georgia.” Mindia Shetekauri, PhD Student. Grigol Robakidze University, Tbilisi, Georgia, 2015. https://gruni.edu.ge/uploads/files/kvleva/conference/2015/EFLE_2015.pdf#page=175.
JLaw. Merebashvili, Natia. “Gender-Based Violence Against Women and Domestic Violence.” Journal of Law 2, no. 2 (2023). https://jlaw.tsu.ge/index.php/JLaw/article/view/7709/7725.
OMCT. “Violence Against Women in Georgia: CEDAW Shadow Report.” OMCT, 2005. http://www.omct.org/files/2005/09/3072/cedaw36_vaw_in_georgia_en.pdf.
Pirtskhalava, Ekaterine, Medea Badashvili, and Nino Kitoshvili. “Understanding Domestic Violence in Georgia: Victim Perspectives and Legal Frameworks.” Vectors of Social Sciences, 2024. https://admin.vectors.ge/custom-files/1747996576_EKATERINE-PIRTSKHALAVA-MEDEA-BADASHVILI-NINO-KITOSHVILI.pdf.
Social Justice Center. “Support Services and Mechanisms for the Violence Survivor Women in Georgia: Analysis of Needs and Challenges.” 2023. https://socialjustice.org.ge/uploads/products/pdf/Support_Services_and_Mechanisms_for_the_Violence_Survivor_Women_in_Georgia_1707921825.pdf.
UN Women. “Intimate Partner Violence Against Women in Georgia.” UN Women, 2025a. https://eca.unwomen.org/sites/default/files/2025-10/intimate_partner_violence_v4_0.pdf.
UN Women. “The Economic Costs of Violence Against Women in Georgia.” UN Women, 2025b. https://georgia.unwomen.org/sites/default/files/2025-11/economic-costs-vaw-georgia.pdf.
World Bank. “Gender Based Violence in Georgia: Links among Conflict, Economic Opportunities and Services.” World Bank, 2017. https://documents1.worldbank.org/curated/en/558211513619282554/pdf/GBVinGeorgiaReportFinal102417-Web.pdf.

Disclaimer: Perplexity AI and Grammarly were used only for grammar, syntax, and flow improvements. All content, analysis, and conclusions are the author’s own work

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