The applicants claimed the disputed norms completely deterred the potential donors from their ability to become donors and didn’t take into account whether potential donors engaged in risk-inducing behavior or not. Furthermore, the disputed norms didn’t make it illegal for heterosexuals to become donors regardless of their risky behavior, in which case the blood they donated could equally harm the health of recipients. Such an approach, in the view of the applicants, violated the “right to equality” (Art. 14,) and “the right to free development of one’s personality” (Art. 16 of the Constitution of Georgia.) protected by Georgian Constitution.
Levan Asatiani, Irakli Vacharadze, Levan Berianidze, Beqa Buchashvili & Gocha Gabodze against the Ministry of Labour, Healthcare, and Social Protection (judgment 6 February 2014)