Ruling of the Court of Justice of the European Union regarding the ban on homosexuals giving blood
30.4.2015
Question for written answer E-007026-15
to the Commission
Rule 130
Iratxe García Pérez (S&D) , Soledad Cabezón Ruiz (S&D) , Eider Gardiazabal Rubial (S&D) , Sergio Gutiérrez Prieto (S&D) , Jonás Fernández (S&D) , Javi López (S&D) , José Blanco López (S&D) , Inés Ayala Sender (S&D) , Enrique Guerrero Salom (S&D) , Ramón Jáuregui Atondo (S&D) , Inmaculada Rodríguez-Piñero Fernández (S&D) , Elena Valenciano (S&D)
The Court of Justice of the European Union has issued a ruling that endorses that a Member State may permanently ban blood donation from potential donors solely on account of the fact that they have had sexual relations with people of the same sex. The European Union and its institutions must ensure that exclusions from blood donation are made on the basis of involvement in high-risk behaviour and not a person’s sexual orientation. This ruling could be used, by some Member States, as justification for implementing discriminatory and homophobic regulations. Given the serious nature of the situation:
- —Does the Commission consider that this ruling opens the door to discrimination by Member States on grounds of sexual orientation?
- —Does the Commission intend to adopt any kind of measure to encourage Member States to use effective techniques that ensure a high level of health protection for recipients?
- —Does the Commission intend to make any kind of recommendation on the interpretation and application of this ruling by the health services of Member States?