Information Note on the Court’s case-law 248

February 2021

Drelon v. France (communicated case) - 3153/16 and 27758/18

Article 8

Article 8-1

Respect for private life

Contraindication for blood donation by men having recently engaged in homosexual intercourse; collection and retention of related personal data by handling authority: communicated

Article 14

Discrimination

Temporary refusal to allow men who recently engaged in homosexual intercourse to give blood: communicated

French domestic law excludes blood donation by men who have had homosexual intercourse during a recent period (twelve months according to a ministerial order of 2016, four months according to a further order of 2019).

The applicant complains of discrimination on grounds of sexual orientation, and also of the collection and retention by the Établissement français du sang (EFS) of related personal data. In his view the current rules are disproportionate and not sufficiently foreseeable.

Communicated under Articles 8 and 14 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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