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HRC: Gay men can donate blood
20/01/2006 11:01 - (SA)
Cape Town - Gay men should not be excluded from donating blood on the basis of their identity or HIV status, the South African Human Rights Commission (SAHRC) said on Friday.
"... But rather on the basis of epidemiological data or research, which according to the SAHRC does not convincingly exist in South Africa," said commissioner Leon Wessels.
This was the stance taken by the SAHRC at its 51st plenary session on Thursday, he said.
The commission had in the past suggested that the South African National Blood Service (SANBS), the Medical Research Council and the Council for Scientific Industrial Research probe the applicability in South Africa of international findings that homosexuals were a high-risk group.
However, the SANBS had opposed the study and negotiations had broken down.
"We also unsuccessfully approached the department of health to try and persuade SANBS to undertake this study."
Wessels said the prohibition of blood donations by sexually active men could only be permissable and justified if the epidemiological data pointed to a high HIV/Aids prevalence among this population.
"Everybody practising 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."
Wessels said the commission noted the SANBS had agreed to a health department request to discuss the reviewing of its self-exclusionary questionnaire.
"If there is however, once again, no progress in these discussions, an appropriate Equality Court should be asked to give a declaratory order on this matter."
Should the matter go to that court, the onus would rest on the SANBS to prove its discrimination was not unfair
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