|
|
|
|
|
|
|
< Blood Service News - 01.07.2008
The Finnish Parliamentary Ombudsman considers the blood donor selection process applied by the Finnish Red Cross Blood Service justified; The Ombudsman responded to two complaints by private individuals who alleged that the Blood Service was violating the constitutional prohibition of discrimination in considering sex between men to be a permanent obstacle to blood donation. According to the Ombudsman's opinion, the measures undertaken by the Blood Service are not discriminatory and, hence, not in contravention of the Constitution. The Ombudsman considers that there is appropriate justification for regarding sex between men as a permanent obstacle to blood donation. The Ombudsman remarks, however, that the Blood Service should revise its internal guideline on donor exclusion on the basis of sex between men. As it stands, the guideline mentions a restriction on blood donation by homosexual men, which is an inappropriate reference to sexual orientation.
Many people may feel that banning blood donation on the basis of sex between men is both discriminatory and humiliating. The fact is, however, that donating blood is not one of the fundamental rights of citizens, while the Blood Service is required by law to choose blood donors with due care, so that donor health is not jeopardised by the donation and the donated blood can be safely administered to patients. "It is most welcome that the Parliamentary Ombudsman has issued an opinion on the criteria used in selecting blood donors and, indeed, that this topic is debated in the first place. The donation restriction related to sex between men is not intended as a comment on or criticism of an individual's sexual orientation or behaviour. We sincerely hope that the restriction will not be construed as disapproval of sexual minorities," says Jukka Rautonen, Director of the Finnish Red Cross Blood Service. "It is true that our in-house guideline contains a term that is frequently used in these contexts, particularly in speech. It should nevertheless be emphasised that blood donation has never been denied because of a particular sexual orientation but because of a certain type of sexual behaviour — that is, sex between men. We will naturally amend the wording of our guideline in this respect as soon as possible," says Mr. Rautonen. At present, sex between men still carries an elevated risk of HIV infection. Statistics from the National Public Health Institute of Finland indicate that 330 men contracted HIV through sex between men and 247 men through heterosexual intercourse in Finland during the period 2000—2007. It is estimated that some five per cent of all men have had sexual contacts with other men, which makes the risk of recent HIV infection through sex between men about 25-fold compared with that in heterosexual relationships. The selection of blood donors is largely based on assessment of risks in various donor groups and less so on individual risk behaviour. The general principle is that a person cannot donate blood if he/she belongs to a group associated with an elevated safety risk for the candidate donor or the patients who receive blood products. For example, over 65-year-olds cannot donate blood because they have more age-related health risks than the population at large. Also people who have lived in Britain for longer than six months between 1980 and 1996 are prevented from donating blood because theoretically they could have become infected with the human form of 'mad cow disease' during their stay. Recently acquired infections are not detected by tests The Blood Service tests all donated blood for certain blood-borne diseases. The most important of these are HIV, hepatitis B, hepatitis C and syphilis. For all tests, there is a window period during which the test is unable to detect infection. This means that a recent infection may already be contagious although it does not yet show up in tests. The HIV test currently in use at the Blood Service has a diagnostic window period of six or seven days. The existence of such window periods in testing emphasises the continued importance of donor selection and non-remunerated blood donation in ensuring product and patient safety. Not one HIV infection has been acquired through blood transfusion in Finland since 1985, when the HIV testing of blood donors was initiated and sex between men became an obstacle to blood donation. A well-established international practice Finland is not alone in prohibiting blood donation by men who have had sex with other men. The same approach has almost invariably been adopted in industrialised countries throughout the world. Easing the ban is a frequent subject of discussion in international blood-service and health forums. So far statistics have not provided support for lifting or moderating this restriction on donation, however. Studies carried out to date in other countries also suggest that there would be an increase in the risk of HIV from blood products if the donation ban were replaced by exclusion from donation for a period of 12 months since the last male-to-male sexual contact. "The Blood Service has no reason or desire to discriminate against any population group. Our aim is to safeguard the right of patients to receive blood products that are as safe as possible according to the best medical knowledge available and within the limits of available resources," says Jukka Rautonen. Nevertheless, changes to restrictions can only be made if the amendments are justified and safe from both the donor's and the patient's points of view. Whatever changes are made to Finnish donation rules, they must continue to comply with the universally adopted international regulations. The activities of the Finnish Red Cross Blood Service are domestically overseen by the National Agency for Medicines, which comes under the Ministry of Social Affairs and Health. Further information: © Veripalvelu 2012 Legal notice |
|
|
