ECJ rules ban on gay men giving blood ‘may be justified’

Court of Justice rules on French case, says ban ‘may be justified’ in certain circumstances

The Strasbourg-based court ruled that a ban may be justified if it can be established that donors are at a high risk of acquiring severe infectious diseases. Photograph: Getty Images
The Strasbourg-based court ruled that a ban may be justified if it can be established that donors are at a high risk of acquiring severe infectious diseases. Photograph: Getty Images

The European Court of Justice has ruled that a ban on the transfer of blood from men who have engaged in sexual relations with other men “may be justified” in certain circumstances.

The court ruled that a ban may be justified if it can be established that donors are at a high risk of acquiring severe infectious diseases.

The ruling means member states can retain bans currently in place.

In its ruling, based on a French case, the court stated that blood donations can be banned for men who have had sexual relations with other men “where it is established, on the basis of current medical, scientific and epidemiological knowledge and data, that such sexual behaviour puts those persons at a high risk of acquiring severe infectious diseases”.

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The ruling comes as Minister for Health Leo Varadkar is considering ending the lifetime ban on gay or bisexual men donating blood. Earlier this year, Mr Varadkar received a report from the Irish Blood Transfusion Service that presents a number of options.

Speaking in January, Mr Varadkar said decisions on changes in blood donor deferral for any category of people will be made on the grounds of science.

More to follow...