Web Portal on Human Rights in Georgia

Identoba Lodged Lawsuit to the Constitutional Court of Georgia

On July 10, , organization Indetoba lodged a suit to the Constitutional Court of Georgia. Five people signed the lawsuit, and Georgian Ministry of Healthcare, Labor and Social Welfare is defendant in the case.

The lawsuit was lodged against December 5, 2000 resolution of the Minister of Healthcare “About Estimation Arguments VS Donors of Blood and Its Components” and Resolution of September 27, 2007 of the Minister “About Approval of Obligatory Norms for the Functioning of Blood Transfusion.” According to those resolutions, homosexual cannot become blood donor.

Citizens of Georgia, who have signed the constitutional lawsuit, identify themselves to be homosexuals and believe that the argued norms breach their rights and freedoms guaranteed by Chapter 2 of the Constitution of Georgia; namely article 14, 16 and 20 which claims that Everyone is free by birth and is equal before law regardless of race, colour, language, sex, religion, political and other opinions, national, ethnic and social belonging, origin, property and title, place of residence; everyone’s private life, place of personal activity, personal records, correspondence, communication by telephone or other technical means, as well as messages received through technical means shall be inviolable.

Lawyers of the organization Identoba state the sued norms are discriminative. Namely, it has different approach to two different groups of people – homosexuals and heterosexuals. Besides that, formulation of the provision text, due to its obscurity, exceeds purpose of ensuring quality of donor’s blood and safety measures with regard to beneficiaries because the text prohibits people to be blood donors not due to their sexual behavior but due to their sexual orientation.

Besides that, Article 15 of the Constitution essentially guarantees freedom of activities and ensures right of a person to give his/her blood and become donor of blood and/or its components.

Right to free development also protects private and intimae lives of individuals. Consequently, based on the Article 16 of the Constitution, a person is free in identifying his/her sexual orientation, sexual practice and sexual behavior.

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