CHECK Magazin - Gesundheitsmagazin für Männer No.13

CHECK MAG #13
BLOODY
DISCRIMINATION
One silver lining of the confusing
debate over discrimination against
gay men in blood donation is that
there is at least agreement that
discrimination exists and that
something needs to be done about
it. So any protection afforded by
anti-discrimination laws is a good
one, right? Let’s look at the history
of blood donation in Germany,
for example.
1950s–1985s
After World War II, everyone was allowed to
donate blood, regardless of sexual orientation.
Then, with the onset of the AIDS crisis in 1985,
homosexual and bisexual men were prohibited from
doing so, as they were considered likely carriers of
the virus.
2015
In 2015, the European Court of Justice ruled that
exclusion of groups particularly affected by HIV
can only be justified if the risks of transmission
cannot be reduced by other means. An improved
testing procedure or a new way of assessing risk,
for example, such as asking for sexual practices
without reference to the sex of the partners. This
left enough room for interpretation for not
really having to do anything about discrimination.
In England, for example, people are asked whether
they have had an STD in the last 12 months,
used drugs during sex, or had anal intercourse
with a new partner. In Germany, this type of risk
assessment is not done.
2017
The guideline on the collection of blood and
blood components and the use of blood products
(Richtlinie Hämotherapie) was introduced.
The exclusion criteria for blood donation set out in
it referred, among other things, to people with
repeated fainting spells or convulsions, as well
as people who use drugs or abuse medications or
who have a reasonable suspicion of doing so.
Pregnant women are also excluded as donors
until 6 months after childbirth, as there is an
increased need for blood and iron during
this period.
Sexual intercourse between men (MSM) who had
sex with more than one or a new sexual partner
also led to exclusion. Donation was possible,
however, if they did not have sex with men for one
year, producing the weird calculation of MSM
minus 365T.
This excluded most queer men however, as
otherwise they would likely not define themselves
as MSM. So does this count as discrimination
or did the practice of promiscuity between heterosexuals
pose less risk of disease?
2021
In September 2021, the German Medical Association
published a revised version of the law that now
allows gay and bisexual men to donate blood if they
are in a permanently monogamous relationship.
Those who had multiple sexual contacts with men
were now excluded for only four months (so now
MSM minus 4M), instead of one year as before.
And they now changed the rule for sexual contacts
between women and men who have “frequently
changing sexual intercourse with partners” as these
were also now excluded.
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