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Citizens of Georgia – Roin Gavashelishvili and Valeriane Migineishvili v. The Government of Georgia

Document Type Judgment
Document ID N1/11/629,652
Chamber/Plenum I Chabmer - Lali Fafiashvili, Maia Kopaleishvili, Merab Turava, Giorgi Kverenchkhiladze,
Date 25 October 2017
Publish Date 25 October 2017 19:28

The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

 

Abstract

On 25 October, 2017, the Constitutional Court adopted the Judgement in the case of “Citizens of Georgia – Roin Gavashelishvili and Valeriane Migineishvili v. The Government of Georgia” (constitutional complaints N629, N652)

The Constitutional Court upheld the constitutional complaint of Roin Gavashelishvili (registration N629) and declared unconstitutional that provision of the State Program of the Universal Health Care, approved by the Resolution №36 of the Government of Georgia of 21 February, 2013 on Certain Measures to Be Undertaken for Transition to the Universal Health Care, which restricted the right of a person, who was insured under the private insurance scheme as of 1 July, 2013, to fully benefit from the Universal Health Care Program. According to the interpretation of the Constitutional Court of Georgia, the disputed rule treated unequally people, who were full beneficiaries of the state universal health care program and people, who were not insured under the private insurance scheme any more, due to termination of labor contract. The Court considered, that the differential treatment was not justified and therefore the disputed rule was unconstitutional with regard to right of equality enshrined in Article 14 of the Constitution.

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