Intervention in motion for legal protection of fundamental rights concerning blood donation by men involved in same sex relationships.

Dejusticia
March 9, 2012

Dejusticia addressed the Constitutional Court in a motion for the legal protection of fundamental rights which examined whether a Clinical Laboratory had discriminated against a gay man by rejecting him as a blood donor

The reason for this exclusion is found in the regulations of blood banks, which prohibit donation by men who have had sex with men in the last 15 years as a means to avoid the propagation of HIV/AIDS. We argue that in this case there was indeed discriminatory treatment, as the Laboratory confused the risk behaviors that increase the risk for contracting HIV (actual causes of infection) with the membership in certain group, the latter criterion being misused to reject donations from homosexual men.


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