EU Court Rules In Favor Of Easing Gay And Bisexual Blood Donation Restrictions
An EU court of justice ruled in favor of easing restrictions that keep gay and bisexual men from donating blood reports expatica.com. The court reviewed the case of a French gay man who protested the ban on his blood in 2009 and came to the conclusion that a French blood ban introduced in 1983 during the HIV/AIDS crisis potentially violates EU’s principle of “non-discrimination on the basis of sexual orientation.” However, the court also ruled that a ban against “high risk” men may be justified depending on the situation:
“It must be established whether those persons are at a high risk of acquiring severe infectious diseases, such as HIV, and that there are no effective detection techniques or less onerous methods for ensuring a high level of health protection for recipients.”
The EU court noted that if new testing methods can guarantee donated blood is free of infectious disease, then a ban may no longer be necessary. The French government reviewed a proposal to end the ban in April with many LGBT activists saying the blood ban stigmatizes the homosexual community.
Britain ceased its ban in 2011 and the U.S. followed suit late last year but with the stipulation that men donating blood remain abstinent for a full year. LGBT activists have called the stipulation unrealistic and garnered the attention of U.S. politicians who are urging the Federal Drug Administration to develop concrete policies based on reputable science.
Anthony Costello
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