Courts / Dublin / Report

Challenge to blood donation restrictions for gay men

Date
2019-05-20

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

Tomas Heneghan, a 27-year-old resident of East Wall, Dublin 3, brought a High Court judicial review challenging an Irish Blood Transfusion Service (IBTS) policy that defers blood donations from men who have sex with men for 12 months. Heneghan claims the blanket deferral is unlawful, irrational, and discriminatory, arguing it breaches European Union Law, the European Convention on Human Rights, and his Constitutional rights. He contends that a less restrictive measure, such as a short window period for HIV and hepatitis detection, would adequately protect blood recipients. Heneghan seeks to quash the IBTS decision, obtain a declaration that the policy is unlawful, and claim damages. The application was heard by Mr Justice Seamus Noonan, who granted Heneghan permission to proceed on an ex-parte basis. The judge adjourned the matter to a date in July. Heneghan previously challenged the permanent ban on gay blood donations, which was withdrawn in 2016 after the Government removed the restriction. The current case focuses on the 12-month deferral policy, which Heneghan argues is disproportionate and fails to assess individual risk effectively.

Who, what, where, when and why

What: Report matter: Challenge to blood donation restrictions for gay men. Procedural stage: hearing_or_decision

When:

January 2020 Other
April 16th Other
2019-05-20 Publication

Why: However, after filling out a questionnaire he was told by a member of the IBTS's staff that he could not donate because he had sex within the 12 month period. CNI source report