Blood10

DONATION NOT DISCRIMINATION   

Around the World

The ban on Gay and Bisexual men giving blood isn’t only a UK issue, many other countries around the world have similar bans in place, similar campaigns to remove the bans and more importantly some countries have decided a ban is not necessary.

Here is a snapshot of what's happening in other countries.

USA

My name is Shawn Werner and I am the President of the Fight to Give Life, a nation-wide mobilization in the United States in opposition to the Food and Drug Administrations ban on gay and bisexual men from donating blood. After leading a similar campaign in the United States, I am excited and honored to see that the worldwide LGBT community is uniting around an issue so many young people are affected by.

In the early 1980s, the Food and Drug Administration discovered that HIV/AIDS was transmitted through blood donation. For safety of the blood supply, they added the question “Are you a man that has had sex with a man, even once, since 1977?” If you answer this question in the affirmative you are banned for life. These are identity-based deferrals which are inherently discriminatory and unjust.

Currently, the fastest growing population with HIV/AIDS in the United States is young urban African American females. Yet, no question will prevent them from donating blood. Furthermore, if a heterosexual man solicits sex from a female, regardless of the use of protection, he is able to donate blood twelve months later. While his homosexual or bisexual counterpart is banned for life after the first sexual encounter with a man.

These arguments and the fact that every pint of blood is tested, are the reasons that the Fight to Give Life garnered tremendous support throughout the United States. Also, all of the blood bank collection organizations, The American Red Cross (ARC), The American Association of Blood Banks (AABB) and America’s Blood Centers (ABC) are in favor of changing the lifetime ban on gay and bisexual men. With the tremendous success of the mobilization, Fight to Give Life met with the top executives of the Food and Drug Administration. While they agreed with the perceived discrimination of the policy, they asserted that the policy must be based on science. With an extremely conservative administration in power, that of George W. Bush, funding is limited to assure an accurate analysis of the cause and effect of this policy.

In 2001 at a meeting of the Food and Drug administration, the body tasked with looking after America’s blood safety, the Blood Products Advisory Committee (BPAC) voted by just 7 members to 6 to maintain the ban on donations from Gay men. With the ARC, AABB and ABC all now firmly on our side it is hoped the ban here in the states will be lifted soon.

The Fight to Give Life wishes the NUS LGBT campaign the best of luck. In the case of questions please feel free to contact me at shawn@fighttogivelife.org or ali@fighttogivelife.org.

Italy

Italy's health minister ordered a Milan hospital to end its practice of refusing gay men who want to donate blood. Paolo Pedote, a 39-year-old writer, was told by the Policlini county Hospital in September 2005 that he was ineligible to donate blood after he informed a nurse that he is gay.

After Pedote went to the media, Health Minister Francesco Storace ordered an inquiry into the hospital; he then ordered the hospital to comply with Italian law. In a harshly worded letter to the hospital Storace ordered it to "swiftly" change its regulations on blood donations, "eliminating all reference to homosexuality as a screening factor." Italian LGBT rights group Arcigay praised Storace's action but said that he also needs to "immediately establish responsibility for this illegal practice."

South Africa

In South Africa gay and bisexual men face a time-limited ban; men who have had sex with men in the last five years are not allowed to donate blood. South African Human Rights Commission (SAHRC) has said it believes a ban should not be in place. Commissioner Leon Wessels said, "Everybody practicing unsafe, high-risk sex, should be excluded from donating blood, and a special emphasis should not be placed on the sexual activities of gay men."

Many gay rights groups in South Africa have been campaigning for a removal of the ban saying most of the country's HIV patients are straight women, who do not face a similar ban.

Sweden

Sweden's Prime Minister has become the world's first leader to publicly call for an end to the ban on gay and bisexual men from donating blood in his country. Prime Minister Goeran Persson said gay men should be allowed to give blood or donate organs. Sweden's National Board of Health and Welfare have said they are now reviewing the rules, which although are not binding are followed throughout Sweden. The new rules will be implemented in November.

Spain

In Spain gay and bisexual men who practice safe sex are allowed to donate blood. The regional government of Murcia has apologised for the damage that statutes might have caused and expressed that it was never their intention to discriminate against people based on their sexual orientation. The ban on people who have “have had sexual relationships with a homosexual or bisexual male” was lifted in 2003. Murcia was the last provincial government to discriminate against gay and bisexual men on this issue.

Canada

The Canadian Red Cross (CRC) donor screening application is homophobic and gender exclusive, according to Canadian gay rights groups, specifically question 15, which asks donors if they have participated in any of the following activities since 1977, "if male, Having sex with another male, even once; receiving regular Treatment with blood or blood products; accepting money or drugs In exchange for sex; being the sexual partner of someone who has taken part in any of the above activities or who had contracted AIDS or has tested positive for AIDS". Some Students’ Associations have taken the step of banning the CRC from their campuses.

Ireland

The Irish Blood Transfusion Service (IBTS) has a similar policy to that of the UK. On its website in an answer to the question “Will the ban ever be lifted?” it says “It remains possible that one or more of several new developments may enable the ban to be lifted at some stage in the future.” LGBT students have called on the Irish Blood Transfusion Service to reverse its ban on donations from homosexual men with Union of Students Ireland (USI) LGBT rights officer convening a national campaign on this issue. The blood bank does not accept blood from men if they have ever had sex with another man, even if protection was used.

Recently writing in the Irish Times, Dr William Murphy the National Medical Director for the Irish Blood Transfusion Service said “Only a small minority of homosexual men are at risk; the notion that all gay men are uniformly at risk is as offensive as a similar statement would be for exclusively heterosexual men.” he continued,” The policy is blatantly discriminatory on grounds of gender preference and it diminishes men who have sex with men by preventing them from full participation in the community.”

He has called for the service to ‘do their best to move forward cautiously and safely as developments in technology and emerging experiences allow.’

Australia

In Australia blood is collected by the Australian Red Cross Blood Service (ARCBS). The policies of the ARCBS in relation to gay and bisexual men are somewhat different to the UK. The Red Cross asks all potential donors if they have had male-to-male sex or sexual activity with a male who might be bisexual within the last twelve months. A positive answer to either question bars the potential donor from giving blood. The effect is that sexually active gay and bisexual men cannot donate blood in Australia.

Currently there is a Supreme Court case in Tasmania, Australia, where a young gay man from Launceston, Michael Cain, has lodged two complaints against the Red Cross gay blood ban. One case is to the Tasmanian Anti-discrimination Commission; the other is to the Human Rights and Equal Opportunity Commission. He wants the Red Cross to put in place a new policy that ‘applies risk assessment equitably’. On July 3rd Mr Cain won the first round by having his case referred to a tribunal by Tasmania's anti-discrimination commissioner. LGBT rights groups all over the world are watching the case.

Portugal

The ban on blood donations from gay and bisexual men in Portugal was lifted in March. "The current trend is towards equality of criteria for all regardless of their sexual orientation," said Jose de Almeida Goncalves, head of the National Blood Institute. While the ban's premise was that men who have sex with men are at a higher risk of having HIV and hepatitis B, Goncalves said that HIV is actually now more widely spread among heterosexuals. Gay groups welcomed the change but said they would wait to see how it was enacted.

Russia

After a campaign by GayRussia activists Nikolai Alexeseev and Nikolai Baev the blood ban in Russia was lifted in July. Mr Alexeseev of the Ministry of Health said: “The General Prosecutor recognised that there is nothing in the law which prevent gays to donate their blood. As a result, his office has asked the Ministry of Heath to cancel its instruction made in 2001 which forbid gays to give their blood.” Gay groups say this is the first positive step for gay rights in Russia since Homosexuality was decriminalised in 1993.

France

French Health Minister, Xavier Bertrand, lifted Frances blanket ban on gay blood donation in July. In an interview with Le Monde published on July 10th, Mr Bertrand said, "The current permanent prohibition aimed at 'men having sexual relations with other men' doesn't seem acceptable to me, since it in effect stigmatised a population and not certain practices. So it's going to be eliminated. I want us to speak in the future not of 'populations at risk' but of 'sexual practices at risk".