GYLA defended a woman who denounced Zviad Devdariani for sexual harassment and addressed the Public Defender with the aim of finding sexual harassment. Women began to talk publicly about sexual harassment by Zviad Devdariani from March 17, 2018.
The Public Defender has been studying the factual circumstances of the case for several months and has determined sexual discrimination by Zviad Devdariani against three persons (GYLA defended the interests of one of them). In a recommendation dated 1 November, the Public Defender indicates that motive is not necessary to determine the fact of sexual harassment, but the behavior of the sexual nature itself may be insulting to the victim, irrespective of the intent of the harasser.
According to the Public Defender, Zviad Devdariani should know that his sexual behavior - comment or touch might be offensive to the applicants. Even in the absence of direct evidence, the Public Defender has assumed the occurrence of sexual harassment, taking into consideration Zviad Devdariani's behavior towards all three applicants and the general characteristic of circumstances. The arguments and evidence submitted by the defendant were not sufficient to refute a suggestion of sexual harassment.
Based on the above, the Public Defender determined the occurrence of verbal or physical sexual harassment by Zviad Devdariani which had created a humiliating and insulting environment for victim women.
The Public Defender has addressed Zviad Devdariani with a recommendation that in the future professional or other kind relation should not be sexual harassment and will not make individuals insulting, degrading and inappropriate for human dignity.
Sexual harassment is a violation of human rights and one of the most covert and structural forms of discrimination against women. GYLA hopes that the conclusion of the Public Defender will promote adoption of the legislative regulation on sexual harassment and calls for the Parliament to create effective mechanisms timely for preventing and suppressing sexual harassment either in the workplace or in public space, in education, in sports, and in other areas.