LEGAL ASPECTS OF THE SOCIAL INTEGRATION OF THE MUSLIM COMMUNITY IN GEORGIA
Keywords:
Muslim community, freedom of religion, Constitution of Georgia, discrimination, European Court of Human Rights, Kobuleti boarding houseAbstract
The paper briefly describes the historical aspects of the social integration of the Muslim com-munity in Georgia, from the 7th century to the present day. It also emphasizes that the Muslim com-munity currently represents the largest religious minority in the country. According to the 2014 Social Census of Georgia, there are 398,000 Muslims living in Georgia, which is more than 10% of the country’s population. Furthermore, both main branches of Islam—Sunni and Shia—are represented in the country.
The paper provides an extensive overview of both the national and international legal frame-works of Georgia that guarantee freedom of belief and religion. The Constitution of Georgia recog-nizes the freedom of belief and confession. In addition, freedom of belief and confession is guaranteed by several domestic legal acts, according to which Georgia is obliged to ensure the unhindered en-joyment of the right to belief and confession by religious minorities and to protect them from violence and discrimination based on religious affiliation.
Despite the solid legal guarantees in the country, certain problems are observed in the practical implementation of religious freedom. This is evidenced by the 2023 decision of the European Court of Human Rights in the Kobuleti Boarding School case, in which the Court found that the respondent state – Georgia - had violated its positive obligations under Articles 8 (right to respect for private life) and 9 (freedom of thought, conscience, and religion) of the European Convention on Human Rights, in conjunction with Article 14 (prohibition of discrimination), in relation to the applicants.
Based on the “Kobuleti Boarding School case”, the article discusses the violated rights of the Muslim community. Drawing on an analysis of existing facts and legal standards, the concluding part of the paper formulates recommendations to ensure the practical realization of the right to freedom of religion and belief for the Muslim community.
