Rapporteur in the Supreme Court says that preventing gays from donating blood is discrimination

O ministro Edson Fachin votou pela inconstitucionalidade de normas que proíbem homens homossexuais de doarem sangue após relação sexual.
20/10/2017 15h53 - Updated 20/10/2017 15h53
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Minister of the Supreme Court (STF) Edson Fachin voted today (19) the unconstitutionality of norms of the Ministry of Health and the National Health Surveillance Agency (Anvisa) prohibiting gay men from donating blood 12 months after the last sex.

After the outbreak of Fachin, who is the rapporteur of the action, the session was suspended, and the trial should be resumed next Wednesday (25). Lacking the votes ten ministers.

The trial was motivated by an action of the Attorney General's Office (PGR), filed in June last year. The action challenging the validity of the norms of the Ministry of Health and Anvisa that "provide for the temporary inability to males who had sex with same-sex conduct blood donation in 12 months subsequent to such practice”.

According to prosecutor, resolutions and ordinances that created rules for blood donation by homosexuals are discriminatory.

In his opinion, the rapporteur considered that the rules can not exclude homosexuals from exercising their citizenship to donate blood. Second Fachin, preventive exclusion of any group of people is unconstitutional. Besides that, blood quality control should be done by appropriate tests, and not based on sexual orientation, second or minister.

“The establishment of groups and do not conduct risk incurs discrimination, it makes use of a consequentialist interpretation inordinate, only on grounds of sexual orientation ", the minister said.

Next week, should vote the Alexandre de Moraes ministers, Luís Roberto Barroso, Rosa Weber, Luiz Fux, Dias Toffoli, Ricardo Lewandowski, Gilmar Mendes, Marco Aurelio, Celso de Mello and the Chief Justice, Carmen Lucia.

During the trial, several entities have expressed, all against the rules. The Brazilian Institute of Family Law, the lawyer Patrícia Gorisch said the ban assumes that homosexuals are promiscuous and turns them into "second-class people".

“These people go to the blood bank to help others, carry their right to citizenship and out of there with a non, simply because of who they are. This is totally contrary to international human rights treaties ", said.

In the opinion of the defender Gustavo da Silva, representative of the Union Public Defender (DPU), the norm brought back the old risk group term and binds only to homosexual sexual diseases. To advocate, Currently the issue is treated as risk behavior, valid also for heterosexual men.

"The big challenge in anti-discrimination struggles is to seek the subtleties underlying the seemingly innocuous speeches", he said.

During the trial today, there was no oral manifestation of ANVISA or the Ministry of Health. In information sent to the Supreme Court last year to support the vote of Fachin, Anvisa said following international scientific information to establish the rules and that the rules for blood donation to meet the precautionary principle and health protection.

In this ocasion, the agency stated that gay men are not prohibited from donating blood, provided they meet the clinical trial requirements.

André Richter (Agency Brazil)

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