Belgium: Constitutional Court maintains 12-month blood donation ban for men having sex with men

Recently (26/9), the Belgian Constitutional Court issued a decision concerning blood donation by MSM. In Belgium, MSM can give blood after a period of 12 months without intercourse.  The French-speaking LGBT movement in Belgium has challenged this before the Constitutional Court. See:

https://www.const-court.be/public/n/2019/2019-122n.pdf (in Dutch)

https://www.const-court.be/public/f/2019/2019-122f.pdf (in French)

It’s a long and well-argued judgement. The Constitutional Court states that the 12-month period must be maintained. However, the law must be revised every two years, so that medical developments can be looked at (and the 12-months period can be shortened or abolished). This is in line with the case law of the EU Court of Justice.

Nevertheless, the Constitutional Court has annulled a small part of the law on blood donation : it should be possible for MSM to donate plasma placed in quarantine without a waiting period. The Court has requested that the law be amended in this respect.

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