A/HRC/41/45/Add.1
was designed with the participation of men who have sex with men. Stakeholders, however,
have expressed concern at the fact that the trans population was not consulted when
preparing the plan and that the particular vulnerability of this group has not been studied
and taken into consideration in the final draft.
80.
Stigma that translates into discriminatory practices in everyday life is exacerbated by
regulations such as the prohibition against men who have sex with men from donating
blood, a prohibition that has been continually struck down by the Constitutional Court only
to reappear again. The Independent Expert was informed that, after having been invalidated
twice by the Constitutional Court, which found the Ministry of Health’s regulations
discriminatory, a ban on blood donation has recently been reintroduced prohibiting men
who have sex with men from donating blood for 10 years after having had sexual
intercourse with a same-sex partner. As pointed out by the Court in its previous decisions,
the fact that modern technologies allow for the detection of HIV/AIDS in donations makes
a ban unnecessary. Such policies only add to the stigma associated with men who have sex
with men and should be abolished.
6.
Education, culture and sport
81.
The Law on General Education (art. 9 (1)) and the Law on Higher Education of
Georgia (art. 3 (2) (h)) prohibit discrimination, and the Code of Ethics for Educators (art. 3)
obliges teachers not to subject students to verbal, physical or psychological abuse and to
protect the students’ health and personal safety.42 There are, however, no specific policies
or programmes to promote tolerance towards diverse sexual orientations or gender
identities in educational settings and no regulatory documents with regard to bullying based
on these grounds.43
82.
A survey conducted in 2014 by a non-governmental organization shed light on the
extent of bullying against lesbian, gay, bisexual, trans and gender diverse pupils in schools,
with 7 out of 10 students surveyed reporting that they had been victims of bullying. Many
members of the community testified about violence and isolation in school. The low level
of awareness about variations in sexual orientation and gender identity as a normal
phenomenon creates a hostile environment and breeds intolerance towards lesbian, gay,
bisexual, trans and gender diverse students. Members of the community said that at times,
parents and teachers joined forces to convince students to change their sexual orientation,
including through psychological counselling, giving the erroneous impression that the child
had to be “cured”. In such an environment, students internalize the negative attitudes and
values of society, which may have a detrimental impact on their well-being and mental
health and result in school dropout, self-harm or violence.
83.
The Independent Expert was informed that a new identification and referral
mechanism was envisaged to address peer violence and violence against children in
educational settings. Such measures should incorporate sexual orientation and gender
identity and be complemented by the adoption of specific programmes to promote tolerance
towards lesbian, gay, bisexual, trans and gender diverse persons in the education sector and
to address bullying based on sexual orientation and gender identity.
84.
While the Government has introduced the subject “Me and society”, which aims at
developing citizens who take care of their families, communities and the natural and
cultural environment, sexuality education is not yet part of the school curriculum. Attempts
to introduce issues related to sexual life, sexual orientation and gender identity have failed
due to the strong opposition of neo-conservative and far-right groups. 44 This is of great
42
43
44
16
Reportedly, the principles of ethics and integrity are emphasized in higher educational institutions
through Order No. 07/N dated 31 January 2019.
Public Defender’s Office, “Survey of human rights in education and educational environment in
general education field”, 2018.
Public Defender’s Office, Human Rights in the Context of Sexual and Reproductive Health and WellBeing in Georgia: Country Assessment (2018). Available from
www.ombudsman.ge/res/docs/2019040211031497196.pdf.
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