A few days ago Georgia-based foreign-funded two “non-governmental organizations” “European Human Rights Advocacy Center” and “Young Lawyers Association” filed a claim in Strasbourg and appealed against the refusal of the Georgian court on indicating the desired gender in identification documents of “transgender man” Nikoloz Gviniashvili.
In the statement, which was released shortly after the lawsuit was filed by the said organizations, it was stated that the applicant has been discriminated against because of incompliance with his appearance and gender indicated in his identification documents, which is a gross violation of his rights. The same complaint underlines that the current Georgian legislation requires a number of fundamental changes to effectively protect the rights of sexual minorities. In particular, the statement refers to Articles 8 (right to respect of private and family life), 3 (prohibition of torture) and 14 (prohibition of discrimination) of the European Convention, which appear to be inadequately protected by the State for sexual minorities and especially transgender persons. Thus, the already heavy discriminatory background is exacerbated.
Note: The foreign-funded so-called Georgian NGOs acting in Georgia have for several years been demanding the right to refer to desired sex in the identity document for transgender individuals (this is about having gender included in an identity document, not on the basis of their biological identity, but on their own desire). One of the loudest and most spectacular rallies last year was the women’s movement with the slogan “I am a woman –admit it”. However, nevertheless, there has been no question of making changes to the legislation according to their claims…
What does this requirement mean and what precedent will be established in Georgian law if the Strasbourg court satisfies a “transgender man” suit (which will most likely happen), the independent human rights protector Dimitri Lortkipanidze spoke to “Georgia and the World”.
– Mr. Dimitri, two NGOs recently sued the Georgian judiciary in Strasbourg for refusing to indicate a desirable gender in a transgender identification document. The lawsuit states that transgender people in Georgia are constantly discriminated against and that a number of legislative changes are needed. If Strasbourg complies with the applicants’ demands, what changes can be made to the legislation, what precedent will this actually create?
– We should consider the manifestation of such a fact by any foreign-funded NGO or anyone else as an attempt to put the so called gender theory into practice. We have seen such attempts for years now, and this process has been particularly active since 2015, when the Public Defender first stated that transgenders should be able to identify the sex they want in their ID documents. As you know, Ucha Nanuashvili was the Public Defender at that time. To say simply, the gender of a citizen must be stated in the identity document not according to his/her biological build but according to his/her will, which means that when a person is born, his or her gender is not defined, he or she chooses the gender later. Do you understand what absurd the talk is about ?! As for the specific lawsuit, of course, the expectation that the European Court of Human Rights in Strasbourg will not satisfy this claim is a complete illusion, I am sure, it will satisfy it and make the relevant rigorous decision. Now you will probably ask me what the final result will be. As you know, any decision of the Strasbourg Court is of a precedent nature for our justice, and in this case we will have a very bad precedent. In fact, a new era will begin in our legislation, and when I talk about a bad precedent, I mean that in the wake of the Strasbourg decision, a cascade of “liberal” legislative changes will begin.
– I don’t want my talk sound like a fortune-telling, but if Strasbourg approves the lawsuit and, considering the practice, I’m sure it does, it will definitely have some sort of chain reaction in the legislation. As is often the case, there will be directives, instructions, and recommendations that not only one person shall reach the “justice”, but justice should be improved. It was on the basis of such directives and instructions that Parliament adopted in its time the “anti-discrimination” law, the law on the sale of land to foreigners, the law on granting legal status to various religious denominations, the Children’s Rights Code, etc. As for the social reality that such legislative changes will create, some may think that someone with a troubled consciousness might think that he/she has the right to choose gender, and he/she will achieve reference of his/her desirable gender in the identification document, say man – female or vice versa, and thus end everything. This will not be the end of this process. In the near future, “educational” programs for elementary school students will be introduced to children at an early age and inspired by some “liberal” standards. For example, the fact that when a person is born and his/her gender is not defined, he/she chooses it later; Or, for example, the fact that it is not necessary for a wife to be a woman, just as a husband does not necessarily mean a man. Now somebody might look at this as a joke and think: What a nonsense, it won’t happen in Georgia. I have said it before, and I will repeat it: 10-15 years ago, could anyone imagine that a group of people in Rustaveli Avenue, in the middle of Tbilisi, would celebrate homosexuality, or did anyone imagine that such filth would be the subject of real debate and discussion in the legislature.
– Do you want to say that the public is slowly getting used to all this?
– I would like to say that this is a process and tomorrow everyone will face it personally. It will affect everybody, every family, especially parents of young children, because it is enough for any one of them to protest against, say, the school and get away with unwanted lessons, and the social worker will take away the child. But I repeat, the problem is that many people don’t believe it, they can’t imagine it will happen. However, it will definitely happen and this time is not far away.
As for the issue of “recognition of transgender gender”, I know that a completely “liberal” establishment will once again be outraged and rancor will come up against me, but let’s just say the truth – who is actually the so called “transgender”? Transgender – This is a person virtually devoid of morality, actually a spiritless person who no longer identifies with the Creator and has no responsibility whatsoever. It is, in effect, a parasite as it harvests the fruit of labor of others as children. Now let’s repeat: Someone might not imagine that something like this would happen and that the child taken away from biological parents will be given to such people. But what is happening in the so-called civilized world where our political leadership aspires, we all know. In Western Europe, electronic auctions of children deprived from their families are being held and hundreds of thousands of children have already been sold to “families” of same-sex couples. No more arguments to be made, but in a situation where a significant part of society is in the total informational vacuum by the “liberal” mainstream media, it is very difficult to explain to people what we are actually dealing with. Some part of society simply do not understand what is happening, what process is going on and what is waiting for us in the near future…
– Do you see the solution? What can be done to avoid these processes?
– There has been a lot of talk lately, especially on social networks, that conservative sentiments in the country are getting stronger, that this is a call for the ongoing processes in the West and that this will all have its logical end. Of course, these sentiments get stronger, and we all see this, but here’s one moment, which I think is obvous, if those public sentiments were not given the appropriate political direction and then all this was not reflected in the elections, despite the growing protest and dissatisfaction, the existing agenda will continue in the course taken. This means that every liberal reform that has begun, all plans will be successful. As a result, we will see that on one side there will be a frozen, frustrated and extreme nihilism society, on the other – a political elite that will again be guided by the principle: “dog is barking, caravans are continuing movement …” In order to avoid this and prevent the country being in the hands of rogue forces ruled from outside, a strong national-conservative wing is needed. If the next election ends again with their triumph, our future is clear. Georgia has no prospect, Georgia is doomed to total injustice, to total liberal dictatorship …
Interviewed by Jaba Zhvania