Homosexual blood ban may be justified: EU court
The EU’s top court ruled Wednesday that governments can ban gay blood donors to combat HIV but only on condition they show it is still the best way to limit health risks.
The court ruled on the case of a gay man in the eastern French city of Strasbourg who protested against a ban on his blood being used in 2009.
The European Court of Justice said the French ban, dating from 1983, could violate the European Union principle “of non-discrimination on the basis of sexual orientation.”
But the court ruled that a ban on blood donations from gay men “may be justified, having regard to the situation prevailing cerned.”
“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,” it said.