ANVISA Repeals Resolution Banning Blood Donation by Gay Men

RIO DE JANEIRO, BRAZIL – On Wednesday, July 8th, the National Health Monitoring Agency (ANVISA) revoked its regulation restricting blood donation by male homosexuals. Under the revoked measure, men who had sex with other men in the previous 12 months were deemed unsuitable for donation.

The action, published in yesterday’s edition of the Federal Gazette, complies with the Federal Supreme Court (STF) ruling, which considers the impediment discriminatory.

In a judgment held in May, the STF decided that the restriction was unconstitutional. The majority of justices agreed with Edson Fachin, the reporting justice. In his vote, Fachin stressed that a person who wishes to donate blood cannot be denied equal treatment, based on criteria that insult the dignity of the human individual.

The justice added that to ensure the safety of blood banks, requirements based on risky conduct, not sexual orientation, must be observed for the selection of donorsç to do otherwise is an “unjustifiable and unconstitutional discrimination”.

In a 2014 resolution on “good practices in the blood cycle” (RDC No. 34), ANVISA stated that men who have had sexual intercourse with individuals of the same sex should be prevented from donating blood for one year after sexual practice.

The impediment also extended to potential female sexual partners of these men. The Direct Unconstitutionality Action (ADI) 5543, which prompted the landmark STF decision, was brought by the Brazilian Socialist Party, which challenged the ban.

Source: Agência Brasil