Disabled People Are Prohibited To Get Married

The Georgian Civil Code, Article 1120 prohibits the mentally and physically disabled people to get married. The Public Defender does not welcome the restriction and demands the chairwoman of the Parliament to cancel the draft law.

Sozar Subari petitioned to Nino Burjanadze and demanded the parliament discussed the question on canceling the law. Article 1120, section I, ‘E’ states: “The marriage between two people is prohibited if any of them has ever been declared disabled by the court.”

Subari thinks, “According to the Georgian law, psychologically ill person can be declared disabled by the court in the case of any concerned person appeals the court. In this case, the disabled person is deprived of all legal rights (make an arrangement, pay bills, agree to be medically aided, purchase or sell the property, etc). All abovementioned rights can be implemented with the help of the guardian who is appointed by the local Health Service Office. However, the civil right on marriage cannot be implemented by the legal guardian.”

The Public Defender also thinks that the Article 1120 of the Georgian Civil Code does not meet the demands of International Laws on Human Rights. “The disabled people in the most part of the Western European countries have right to get married. As for the Easter European Countries, where similar rights are still restricted, they are working on creating the laws that meet the demands of the international laws. It should also be pointed out that the Georgian Constitution does not envisage any kind prohibitions on marriage,” said Subari.

As for the representatives of the legislative body, one part of it appreciates the prohibition while another part does not agree with that. According to Beso Jugheli, a representative of the Parliamentary Majority, “Before the revolution families had family doctors in Russia and I like the idea. The doctor surveyed the genealogy of the certain family and could give complete information about the health of the family members to them who was going to get married with the representative of this family. The opposite side should certainly know if a person is mentally disabled, or s/he had a disabled person among his/her ancestors, because it can cause family tragedy. It is very good that the law will prohibit the people with similar problems to get married. In this case, we will be able to avoid many tragedies.”
 
Nino Kalandadze, the deputy chairwoman of the Legal Committee of the Georgian Parliament, has the same opinion regarding the topic. She said “The article was introduced to the law when the civil code was drawn up. Many foreign experts took part and the laws of many countries were set as examples in adopting the law. In many countries, the mentally disabled people like under age people are not allowed to get married. The marriage is a civil contract that requires mental ability, thus, the person signing the contract should be both mentally and physically capable. When a high level contract is signed the standards should be high level too.  However, the article can be appealed to. It might become disputable.”

Kakha Kukava, representative of the opposition party, agrees with the majority and suggests an original idea regarding the problem. “I think similar prohibition is not reasonable. If the disabled people are allowed to get married, they should not have the right to have children.”

Giorgi Tsagareishvili, from the opposition does not agree with his colleagues and said that it is violation of the human rights. “The people, drawing up similar draft law, might have considered that a disabled person cannot control his/her behavior during the marriage life.  I think, it cannot be a valid argument to prohibit somebody to get married. I completely share the astonishment of the Public Defender regarding the situation. I think the law must be immediately changed. The Parliament should discuss the article, by all means. The only prohibition can deal with the age.”

The International Declaration on Human Rights, Article 29, section II states: “Every person should be deprived of only the right during implementing his rights and freedom that is envisaged by the law, which guarantees the protection and respect of the rights and freedom of other people. The prohibition should meet the demands of conscious, public order and welfare in the democratic society.”

According to the European Convention of Human Rights and Fundamental Freedom, Article 12, the marriage of the women and men-of-age is guaranteed. The only reason for depriving a person from the right can be early age. Other forms of restriction are not acceptable and the states are obliged to realize this particular right similar to the state laws.

Nino Andriashvili, lawyer for the Human Rights Center, considers the prohibition is a violation of the human rights. She said, “I, as a member of the monitoring group at the psychiatric institutions, consider that the Article 1120 of the Georgian Civil Code contradicts to the international laws (European Convention on human Rights and Fundamental Freedom), as well as to the Georgian Supreme Law-the Georgian Constitution. Thus, Article 1120 of the Georgian Civil Code should coincide with those conventions and laws. Under the Georgian Constitution, every person is innately free and equal to the law; every person has right to get married and the marriage should have equal rights; the state is obliged to encourage the prosperity of families.  In accordance to general principles and norms, if their implementation does not violate human rights or does not contradict to the Georgian Sovereignty and political independence, it is reasonable to give the disabled person right to get married.”

Eka Gulua