Abstract
This chapter discusses the private law rights of migrants and how they are protected in Georgia. There are different forms of migration in the world and people move both outside and within the country. For internally displaced persons who are simultaneously citizens of Georgia, the legal framework regulating their rights, including private rights, is the same, as Georgian laws apply to the entire territory of the Georgian state. Different rules apply to migrants who are citizens or stateless persons of another country and choose Georgia as their place of residence, temporarily or permanently.
TopLiterature Review
The issues related to migration and the rights of migrants are very relevant, therefore, both state structures and non-governmental organizations, scientists, and practicing lawyers are interested in this topic, and therefore the literature and studies are quite diverse. Since the research topic concerns a very specific issue, such as the private legal rights of migrants, therefore, it studies and examined many international agreements, Georgian laws, and by-laws, as well as decisions of the Constitutional Court, that have been used.
Key Terms in this Chapter
Migrant: There is no universally accepted definition of the term “migrant” at the international level. Usually, the term “migrant” refers to all cases where a person decides to migrate freely, without coercion, which is dictated by considerations of “personal well-being” and occurs without the intervention of an external coercive factor. Thus, the term is used to refer to persons and their family members who move to another country or region to improve both their material and social conditions and their personal and family prospects for the future.
Labor Migrant: A person who is employed, employed, or has been employed in a paid job in a country of which he or she is not a national.
Discrimination: Limitation of human rights and freedoms and/or differential treatment of individuals or social groups for any reason.
Agreement: A manifestation of the bilateral or multilateral will to create, modify or terminate a legal relationship.
Succession (Inheritance): Transfer of property of a deceased person (heir) to other persons based on the law or will.
Stateless Person: Is a person who is not considered a national of any state according to the legislation in force in that state (UN Convention relating to the Status of Stateless Persons, 1954 AU33: The in-text citation "Status of Stateless Persons, 1954" is not in the reference list. Please correct the citation, add the reference to the list, or delete the citation. ). A stateless person does not have the rights normally enjoyed by a national: diplomatic protection by the state, the inalienable right to remain in the country of residence, and the right to return if they leave the country.
Citizen: A person who is a member of a political community by birth or by naturalization, is loyal to the community, and is entitled to the exercise of all civil and political rights and protection; a member of the state is entitled to all available privileges. A person having citizenship of any country.
Alien: Is a person who is not a citizen of that country.
Marriage: Is the voluntary union of a man and a woman to create a family, which is registered at the territorial office of the Public Services Development Agency.
Migration: Is the process of movement across an international border or within a country. Migration refers to the movement of populations in any form, irrespective of duration, composition, or cause; Migration includes the movement of refugees, internally displaced persons, evicted persons, and economic migrants.
Place of Residence: The place he or she usually chooses to live. A person may have several places of residence.
Capacity: The ability of a person to acquire and exercise civil rights and duties by his own will and action, arises upon reaching the age of majority.
Labor Relationships: In conditions of labor organization an employee performs work for the employer for remuneration.
Legal Capacity: The capacity of a natural person (a person) to acquire and exercise civil rights and duties to the full extent of his will and actions.