Přípustnost vyloučení sexuálně aktivních gayů z darování krve v Evropské unii a v České republice jako jejím členském státu
| Title in English | Permissibility of exclusion of blood donation by sexually active gays in the European Union and in the Czech Republic as its member state |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Časopis zdravotnického práva a bioetiky |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | Blood Donation; Transfusion Medicine; Exclusion of Gays; Discrimination; Court of Justice; European Union |
| Attached files | |
| Description | Exclusion of sexually active gays (men having sex with men) from blood donation applied in many countries is controversial. It is challenged by human right activists in politics and in courts. Constitutional provisions on equality and legislation prohibiting and combatting discrimination are invoked. This controversy reached the Court of Justice of the European Union in Léger. Nevertheless, the Court refrained from human rights activism, confirmed priority of safety for patients as blood recipients and different situation in the member states in transfusion medicine. Czech ombudsman examined the exclusion with greater suspicion. The paper attempts to justify the exclusion even without departure from contemporary antidiscrimination policies despite their criticism. Specific features of blood donation as crucial component of transfusion medicine are summarized. Block exclusion of sexually active gays from blood donation was introduced because they suffer increasingly from HIV/AIDS and other contagious diseases. Investigation of individual sexual behaviour is hardly feasible. Far-reaching block exclusions are applied in other cases. Voluntary (unremunerated) blood donation is preferred for safety. International cooperation in transfusion medicine is important. Self-sufficiency is promoted even by the World Health Organization and the Council of Europe. International exchange of blood and blood products is limited also for practical reasons. Countries operate their own national blood services. The European Union is supranational organization for intensive economic integration and enhanced cooperation of its member states. Transfusion medicine, however, remains largely unaffected with this integration for practical reasons and safety concerns despite harmonization of standards. |