Ministry of Healthcare to Consider Legislative Proposal of Human Rights Center

Natia Gogolashvili

Human Rights Center sent proposal on the amendments into the Resolution # 45 of March 1, 2013 (setting and issuing allowance for the reimbursement of health injury received as a result of professional duties in the working place) to the Government of Georgia.

The Act regulates the rules to reimburse the health injury of the employee received in the working place. It also determines the circle of the persons who are beneficiaries of this allowance, as well as terms and conditions for issuing the allowance.

The resolution estimates the circle of persons, who may receive the allowance. The inter-agency commission is authorized to make decisions on granting the allowance. According to the resolution, a citizen of Georgia, who was employed in the enterprise, which was created with 100% share of the State and then liquidated, and who received labor injury by January 1, 2007, which caused health problems and based on the court judgment he/she is authorized to receive financial allowance, may receive single allowance in 2007-2008 or his/her debts were covered. 

Iason Neparidze with disabilities lost social allowance in 2014, who used to get it as a reimbursement for the physical damage. Human Rights Center is working on Iason Neparidze’s case. 

Based on the 1977 judgment of the Court of the Soviet Socialist Republic of Georgia, JSC Tchiatura Medical-Sanitary Hospital was ordered to pay monthly allowance to Neparidze to reimburse his damage. In 2012, as a result of the reorganization in the JSC Tchiatura Medical-Sanitary Hospital, the latter was united with the JSC A. Dzotsenidze Imereti Regional Hospital, whose founder and share-holder was the state. In 2015, the hospital was closed without determining its substitute. Iason Neparidze used to get financial allowance from the abovementioned medical clinic until 2014. However, in 2014 he received a letter, which notified that the hospital could no longer pay his allowances. 

HRC lawyer Giorgi Kakubava said, the organization requests to amend the Article 5 of the resolution #45 so that it referred to the persons, who were injured in the enterprises whose 100% shareholder is the state that is not envisaged under the current edition of the resolution #45. 

“These issues are regulated by the Law of Georgia about Entrepreneurs,” though similar cases are not regulated by the law or normative acts. Consequently, it is legislative miscarriage. As a result, the legal interests and rights of Iason Neparidze are breached. These violations encouraged us to propose amendments in the resolution # 45 of 2013. If the Ministry of Labor, Healthcare and Social Affairs considers our proposal, the breached rights will be restored,” Giorgi Kakubava said. 

 

The proposal of Human Rights Center was submitted to the Ministry of Healthcare for further consideration.