Constitutional Court to discuss case over Human Organ Transplantation
By Tatia Megeneishvili
Friday, November 27
The Constitutional Court of Georgia received citizen Levan Gvatua’s case for an administrative hearing on November 25, 2015.
The dispute is over the Transplantation of Human Organs law, according to which, donations are allowed only between genetic relatives or spouses.
The law prohibits the transplantation of any other person’s organs; according to Parliament, the primary purpose of the limitation of human organ transplantation is to prevent organ trafficking.
Gvatua thinks that due to such restrictions, he cannot get a liver transplant and his right to live is violated. He insists that the Constitutional Court suspend the restriction until a final decision over the case will be made.
The Constitutional Court satisfied Gvatua’s demand.
The Court took into account all the documentations concerning Gvatua’s health condition and concluded that his life is in real danger.
The court also took into account the defendants' argument over living donations. As the court explained, a suspension of the law at the moment will not promote or legalize the illegal trade of human organs.
Human organ trafficking is a criminal offence, but the law provides other mechanisms for the prevention of trafficking in human organs.
The court also considered that until the Constitutional Court's final decision is reached, there is no risk of encouraging or promoting illegal human organ trafficking. Hence, the decision to suspend the law was made to save an endangered life.
