Article 42 of the Constitution is a non-governmental, non-political, human rights advocacy organization founded on September 12, 1997. The members of the organization are professional lawyers providing free of charge legal assistance to the victims of human rights abuses in local and international courts and other state agencies. The organization aims at promoting the establishment of the rule of law in Georgia through introduction of international standards for the protection of human rights and freedoms, and increase of legal awareness of the public.
The name of the organization is associated with Article 42 of Georgian Constitution based on which:
Each individual shall have the right of appeal to the courts to protect his/her rights and freedoms;
Each individual shall only be judged by the court which has jurisdiction over the particular case;
The right to defense shall be guaranteed; No individual shall be brought to court twice for the same case;
No individual shall be held responsible for an action, which did not constitute a violation of the law at the moment it was performed.
Laws that neither mitigate or abrogate responsibility shall have no retroactive force;
The accused shall have the right to demand summonsing and interrogation of his/her witnesses under the same conditions as those of the prosecution;
Evidence obtained through contravention of the law shall have no legal force;
No individual shall be obliged to testify against himself/herself or his/her relatives whose circle shall be defined by law;
Any individual who suffers illegal damage imposed by the state, self-government bodies and officials shall be guaranteed to receive full compensation from state funds through the court proceedings.
The organization declares that protection of human rights stays to be its key goal. In addition, along with strategic litigations, the organization shall apply training, survey, and analysis in order to achieve the above goal; it will make its involvement in lawmaking processes more intense that will ensure prevention of infringement of human rights and introduction of high standards of human rights protection.
Article 42 of the Constitution is a non-government organization operating in the sphere of protection of human rights facilitating the protection of civic and political rights and freedoms, as well as protection of other fundamental rights recognized by international law; harmonization of state policy and national legislation with international standards; and improvement of public legal awareness through efficient legal proceedings, strengthening of target groups, and participating in civic monitoring, surveys, analysis, and lawmaking initiatives.
Facilitate the introduction and implementation of the rights specified in article 42 and other articles of the Constitution of Georgia, European Convention on Human Rights and other international agreements;
- Introduce the principle of supremacy of the law;
- Support the improvement of the Court system ofGeorgia;
- Support human rights advocates in performing their work, including improvement of professional level of lawyers;
- Improve legal culture and of legal awareness;
Facilitate legal education.
The objective of Article 42 of the Constitution is to significantly contribute to the formation of the rule of law that will be based on the principles of supremacy of the law, where protection of human rights will be guaranteed. The activities shall include:
- Study of international experience in the sphere of human rights protection;
- Strategic litigations within the country and protection of human rights in international organizations;
- Analysis of legislation in force and efforts directed to its improvement;
- Cooperation with local and international human rights protection organizations, including professional associations of lawyers;
- Carry out educational activities;
Carry out information campaign related with human rights protection.