CONSTITUTIONAL AGREEMENT: HISTORY, PUBLIC DISCUSSIONS AND IMPACT ON THE PROTECTION OF THE RIGHTS OF MINORITIES IN GEORGIA

Abstract

Relationship between the state and the church is one of the central issues in a history of law reform in terms of the protection of human rights as well as approximation of Georgia with western institutions. There are many questions related to the insurance of equal treatment of different churches by the state. There are a number of examples of unequal treatment as well as laws, which institutionalize the practice of inequality. Constitutional Agreement between the state of Georgia and the Autocephalous Orthodox Church of Georgia signed in 2002 and its role in the formation of legislative frames is key and therefore also at the center of discussion.

Our article aims to describe, based on the analyses of legislation, court practice and public discussions, what expectations existed with respect to the Agreement prior to its adoption and what legislative impact the Agreement between the state and the Orthodox Church had on the rights of minorities.