GYLA APPEALS TO THE CONSTITUTIONAL COURT THE PROVISION THAT PROHIBITS YOUTH UNDER 18 TO INITIATE ASSEMBLIES OR MANIFESTATIONS

Today, the Georgian Young Lawyers' Association (GYLA) appealed to the Constitutional Court of Georgia on behalf of Nikoloz Adamia. The subject of the dispute is the provision of the Law of Georgia on Assemblies and Manifestations, according to which a person who has not attained the age of 18 cannot initiate an assembly and a manifestation. The prohibition implies that the minor cannot submit a notice to local self-government on blocking a motorway in the event of organizing an assembly.

The right to assemble guaranteed by the Constitution of Georgia includes both the right to participate and organize an assembly. GYLA represents the interests of 16-year-old Nikoloz Adamia in the Constitutional Court, who is deprived by the disputed provision of the possibility to assemble with his peers and present protests, ideas and views of young people to the public and authorities in a peaceful manner.

In order for the minor to hold a manifestation through blocking a motorway, the law requires them to bring an adult who will file a prior notice on their behalf to a local self-government unit. However, adults may not be interested in the matters that the juveniles are protesting against and refuse to submit a notice to a City Hall. As a result, the minor may lose the opportunity to communicate their concerns to the public and authorities by blocking a motorway lane.

GYLA considers that a formulaic restriction of the right to assemble or demonstrate for persons under the age 18 is contrary to the right to assemble guaranteed by Article 21 of the Constitution of Georgia. The impugned norm also promotes discriminatory treatment on the ground of age and is contrary to the right to equality protected by Article 11 of the Constitution of Georgia.

The Georgian Young Lawyers' Association is handling the case with the support of USAID / PROLoG.