In accordance with Paragraph B of Article 21 of the Georgian Organic Law on the Public Defender of Georgia, the Public Defender has addressed the Minister of Labor, Health and Social Affairs with a recommendation to approve a list of activities which involve a high risk of infection for persons in contact with a person infected with HIV/AIDS.

In accordance with Article 10 of the Georgian Law on HIV Infection/AIDS, it is impermissible to dismiss a person infected with HIV/AIDS from a job or to refuse him/her a job only because of his/her status as a HIV positive, except for the activities which involve a high risk of infection for persons in contact with him/her. According to the second paragraph of the same law, a list of these activities should be approved by the Ministry of Labor, Health and Social Affairs of Georgia. Article 12 of the Georgian Law on HIV Infection/AIDS notes that within six months of the law’s taking effect, the Minister of Labor, Health and Social Affairs of Georgia should develop and approve the appropriate legal acts that are necessary for the commencement of this law.

As of today, the country has, in fact, no list of such activities, which causes an absence of a ban on discrimination in the case of dismissal of a person infected with HIV/AIDS from a job or refusal to give such a person a job which is guaranteed by Article 10 of the Georgian Law on HIV Infection/AIDS. Accordingly, Article 10 is not effective. At the same time, the absence of this list also violates Article 12, since the Minister of Labor, Health and Social Affairs of Georgia should have developed and approved the appropriate legal acts that are necessary for the commencement of this law within six months of the law’s taking effect.