European Commission States that Blanket Ban on Gay Blood Donations is Contrary to EU Law

Brussels, 8 September 2011 - The European Commission has affirmed that a blanket ban on blood donations from gay men and MSM (men who have sex with men) would be contrary to European Union law. Answering a written question from members of the European Parliament the European Commissioner for Health and Consumer Policy indicated that EU law warranted the deferral of those “at high risk of acquiring severe infectious diseases” due to their “sexual behaviour”. Mr Dalli underlined that “‘sexual behaviour’ is not identical with ‘sexual orientation’”.

The Commission also noted that when implementing EU law, Member States must not discriminate on the basis of sexual orientation. This means a blanket ban on all gay and bisexual men would be illegal under EU law. However, most Member States ban all men who have had sex with men from blood donation and many cite a 2004 European Directive to justify the ban.

Michael Cashman MEP, Co-President of the European Parliament’s Intergroup on LGBT Rights, said the Commission’s answer “makes a lot of sense. Commissioner John Dalli reminds Member States that it is individuals who are at risk—not groups. Being gay or bisexual cannot automatically pose a threat to public health; but risky sexual behaviour in men or women, gay or straight, is a real risk. Sirpa Pietikäinen MEP, Vice-President of the LGBT Intergroup and Member of the Committee on Public Health added: “It is our highest priority to look after public health, and thus take care of the quality of donated blood. But health ministers must bear in mind that sexual orientation, ethnic background and other identity traits are fully irrelevant to a person’s health. Denying blood donation from these groups is discriminatory and goes fully against logic.”

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Categories: European Commission, European Union, Gay Blood Ban, Highlight

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