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Towards EU Sexual Risk Regulation: Restrictions on Blood Donation as Infringement of Active Citizenship

Uladzislau Belavusau


Case C-528/13, Léger v. Ministre des Affaires sociales, de la Santé et des Droits des femmes; Établissement français du sang [2015] ECLI: EU:C:2015:288 (Fourth Chamber).
In the case of Léger commented on, the Court of Justice of the European Union dealt with a blanket ban on blood donation for men who had sexual relations with other men (MSM) in France. The Court found that such restrictions can be justified in light of specific epidemiological context and scientific knowledge available in Member States. The judgment, therefore, sheds lights on the boundaries of public health justifications, discrimination of gay and bisexual individuals, as well as the rising scope of EU sexual risk regulation. The present annotation argues that the Court has undermined the principle of non-discrimination and shows how the matter of blood donations should have been treated instead as a prerequisite of active sexual citizenship.

Senior Researcher in European Law at the T.M.C. Asser Institute (The Hague) – University of Amsterdam. The author is grateful to Ivana Isailović and Maria Weimer. This article incorporates bits of the initial overview of the judgment, from U. Belavusau & I. Isailović, “Gay Blood: Bad Blood? A Brief Analysis of the Léger Case [2015] C-528/13”, European Law Blog, 26 August 2015, available at http://europeanlawblog.eu/?p=2823.

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