Blood donation: LGBT associations lodge a complaint against the state
Several LGBT associations have lodged a complaint against France before the European Commission for discrimination.
In France, homosexuals must observe a period of abstinence of twelve months to be allowed to donate blood. This French exception has been in force since the blood donation reform of July 2016, before which homosexuals were totally excluded from donations since 1983 because of the risks of AIDS transmission.
Recognize discrimination
For LGBT Stop Homophobia, Mousse, Local Elected Against AIDS, SOS Homophobia and LGBT Families "this regulation, still in effect, effectively excludes 93.8% of gays from blood donation". After having a first complaint dismissed by the Council of State two years ago, the associations hope that Europe will be able to remove this distinction "based on the sexual behavior of donors and have it recognized as discrimination, reports the Parisian. This rule "creates legal uncertainty for LGBT + people, because it makes discrimination based on sexual behavior possible," says Étienne Deshoulières, an association lawyer.
On the side of French blood establishments, we are aware of the feeling of homosexuals about their case. "We understand that a donor may be disappointed not to donate blood," explained Stéphane Noël, President of EFS-de-France. He said that doctors follow a "very important training" to "explain with great kindness and respect (…) why we are led to counter-indicate".
In addition to the European Commission, the European Court of Human Rights was also seized last year for "infringement of fundamental rights".
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