|
 A doctor in France refused a blood donation from Geoffrey Leger in
2009 on the grounds that he had had sex with another man. French law
excludes blood donations from men in such cases as a measure against
the spread of diseases such as HIV.
Leger challenged the decision and the Luxembourg-based Court of
Justice of the European Union was asked whether permanently banning
people having had homosexual relations from donating blood was
against EU law.
"Although the permanent deferral provided for in French law helps to
minimize the risk of transmitting an infectious disease to
recipients ... the principle of proportionality might not be
respected," the ECJ said in a statement.
 Under EU law, people who are at high risk of contracting severe
infectious diseases because of their sexual behavior may be
permanently banned from blood donation.
Alluding to screening as a possible alternative to an outright ban,
the ECJ said: "It is possible that HIV may be detected by effective
techniques able to ensure a high level of health protection for
recipients."
Where there are no such techniques, the Strasbourg court would have
to "ascertain whether there are less onerous methods of ensuring a
high level of health protection for recipients other than the
permanent deferral from blood donation".
The French Minister for Social Affairs, Health and Women's Rights,
Marisol Touraine, said discrimination against potential blood donors
on the basis of sexual orientation was unacceptable.
[to top of second column] |
She said she supported removing all references to sexual orientation
in questionnaires for blood donors and making the exclusion
temporary.
France has the highest rate of HIV among homosexual men in Europe.
Half of those newly infected with HIV between 2003 and 2008 were men
who had had sexual relations with other men, according to the ECJ.
However, the Court said the permanent exclusion of homosexual men
from blood donation in France still had to follow the principle of
non-discrimination on the basis of sexual orientation.
Any limitations on rights protected under EU law may be imposed only
if they are necessary, meet the public interest or are needed to
protect the rights of others, the ECJ said.
(Editing by Mark Heinrich)
[© 2015 Thomson Reuters. All rights
reserved.]
Copyright 2015 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
