People who identify as transgendered frequently face prejudice and
marginalization, which includes restrictions on their capacity to donate blood
and organs. Despite the fact that historically certain people have been excluded
from donation based on their gender and sexual orientation using medical and
scientific criteria, proponents claim that these criteria are outmoded and
reinforce negative stereotypes.
The impact on transgender communities, the history of restrictions on
transgender people receiving donations, and the underlying medical and
scientific rationale will all be covered in this article. This analysis also
looks at recent changes in law and policy, lobbying initiatives, and planned
actions to advance the rights of transgender donors.
Introduction to Transgender Rights and Donation Restrictions
Transgender rights have become a heated issue in recent years, with many
supporters battling for respect and equal treatment for everyone, regardless of
gender identification. Yet, organ donation discrimination against transgender
people is one of the frequently disregarded forms of prejudice. Due to their
gender identification, many transgender people are subject to limitations or
outright prohibitions on donating blood, tissue, or organs, which can have
disastrous effects on both donors and recipients.
Defining Transgender Rights and Donation Restrictions
The term "transgender rights" refers to the social and legal acceptance of
people whose gender identity does not match the sex they were assigned at birth.
Contrarily, donation restrictions are laws and policies that prohibit some
people from donating blood, tissue, or organs. To protect both the donor and the
recipient, some limitations have been put in place.
The Importance of Understanding Donation Restrictions on Transgender People
Understanding the donation restrictions that transgender individual's face is
crucial for promoting equal treatment and representation. Many transgender
people may feel excluded from donation opportunities, which can lead to feelings
of frustration, sadness, and isolation. Additionally, these restrictions can put
undue pressure on the small pool of eligible donors, making it more difficult
for those in need to receive life-saving treatments.
The History of Donation Restrictions on Transgender People
Blood and organ donation restrictions on transgender individuals have been in
place since the 1980s. When the knowledge of diagnosis and transmission of
disease like HIV/AIDS was at an introductory stage, people were not aware of the
ways of transmission like HIV in blood donations, which frightened the people of
India due to a lack of acknowledgement in the country. This has led to the
banning and debarring of the transgender community with regard to blood
donation.
As the HIV/AIDS epidemic in the US reached its peak in the 1980s, the FDA
prohibited all men who had sex with other men from donating blood.[1] Although
this restriction was overturned in 2015, transgender women who have sex with men
are still prohibited from giving blood within a year of their most recent
sex.[2]
Today, many transgender individuals face barriers to donating tissue and organs,
such as heart valves, corneas, and bone marrow, due to outdated medical criteria
that define gender based on biological sex. Transgender women who have undergone
hormone therapy or gender-affirming surgeries may have difficulty meeting
eligibility requirements, despite being perfectly healthy and willing to donate.
In the Indian domain, the quality of blood for donation is checked by the
medical officers for assurance that the donor is free from any risks of diseases
and viruses, along with keeping the transgender excluded in blood donation. The
ban or prohibition has been questioned for a few years and challenged as it
gives a sense of discrimination towards the transgender community. In 2020, a
committee had to evaluate the policy of transgender blood donation by the NBTC
(National Blood Transfusion Council). The report is still pending.[3]
The Medical and Scientific Basis of Donation Restrictions
Medical Criteria for Blood and Organ Donation
In order to ensure the safety of both the donor and the recipient, the
requirements for blood and organ donation are mostly based on medical and
scientific research. These requirements, meanwhile, are not necessarily
exhaustive or inclusive, and they can bar otherwise healthy people based on
their sexual orientation or gender identity.
In a recent affidavit submitted by the Union Ministry of Health & Family
Welfare, the Center informed the Supreme Court that the designation of
transgender, gay, and female sex workers as being "at risk" for contracting HIV,
Hepatitis B, or C infections is based on due consideration of the available
scientific evidence.[4]
Transgender individuals and homosexual men are officially prohibited from
donating blood under India's Guidelines for Blood Donor Selection and Blood
Donor Referral because they are deemed to be "at risk" of catching infections
like HIV-AIDS. In a technical brief from NACO, the India HIV Estimates of 2020
show a declining trend in India's HIV prevalence, with an estimated 2 million
people overall living with the infection.[5] These figures demonstrate how far
India has come in combating HIV/AIDS.
The Relationship between Gender and Medical Eligibility
Medical eligibility criteria often rely on outdated notions of gender that are
heavily influenced by biological sex. For example, individuals who are assigned
male at birth are often seen as a higher risk for certain medical conditions,
such as HIV, even if they do not engage in high-risk behavior. This can impact
transgender individuals who have transitioned and no longer have the same
medical risks associated with their assigned sex at birth.[6]
The Impact of Donation Restrictions on Transgender Communities
Experiences of Transgender Donors and Recipients
The ability to serve others makes transgender people who are qualified to give
blood or organs feel proud and fulfilled. However, when they turn away due to
their gender identity, these individuals may feel marginalized and discouraged
from trying to help in the future. Similarly, transgender individuals who are in
need of a transplant may face additional challenges in finding an appropriate
donor.
The Psychological and Emotional Effects of Donation Restrictions
The impact of donation restrictions on transgender communities goes beyond just
the physical effects of being unable to donate. Many individuals may feel that
their gender identity is not recognized or respected, leading to feelings of
isolation and discrimination.[7] These negative experiences can be compounded by
the lack of visibility and representation of transgender individuals in the
medical community.
Legal and Policy Developments Surrounding Transgender Donation Rights
According to government data cited in its affidavit submitted before the Supreme
Court and using information from the NATIONAL AIDS CONTROL PROGRAMME, there were
2.5 million gay men in India as of 2012.[8] Activist groups say that the true
population is closer to 135 million and that this figure is significantly
understated. Because the government's data was collected before homosexuality
was considered a non-criminal offence, there is a discrepancy. When comparing
LGBTQIA+ statistics in India with HIV statistics, it becomes clear that there is
very little chance that gay men or transgender persons could endanger blood
donors.
So, the people in charge of NBTC had a meeting on June 1, 2017, and they
ratified the Guidelines to establish a Blood Transfusion Service.[9] This
service is supposed to give safe and enough blood to people who need it. The
rules are meant to make sure that the people who donate blood are the least
likely to have any problems.However, two of the rule's articles, namely 12 and
51, don't appear fair because they prohibit the donation of blood by transgender
persons, men who have had sex with males, and female sex workers.[10] These rule
provisions therefore violate Articles 14, 15, and 21 of the Indian Constitution.
An advocate for transgender rights from Manipur filed the current PIL, named "Thangjam
Santa Singh v. Union of India," [11] in 2021 to challenge the constitutionality
of the 2017 Guidelines that prevent transgender and LGBT people from donating
blood.
Thangjam filed a petition with the Supreme Court arguing that limiting behaviour
based on a person's gender identity and sexual orientation is "totally
arbitrary, irrational, and discriminatory, as well as unscientific." The
argument goes on to say that excluding people based solely on their sexual
preferences would be against their right to equality because the blood is tested
for the presence of harmful diseases including AIDS, HIV, Hepatitis C, and B.
The Guidelines, which are in violation of the Supreme Court's decisions in the "Navtej
Johar"[12] and "NALSA"[13] judgments, prevented many persons who needed blood
from receiving it from their trans relatives or loved ones during COVID-19, the
petition continues.
However, these guidelines could also be supported on the ground of mitigating
the risk, which is incorporated in the guidelines as "Risk Behavior" in Clause
12. This rule is part of the "Donor Selection Criteria"[14] and it says that
donors must not have any diseases that can be passed through blood
transfusions.Also, they cannot be those who are at danger of contracting
Hepatitis B, C, or HIV. This includes transgender and LGBT individuals, female
employees, those who inject drugs, those who have several partners, and anyone
else the medical officer deems to be at high risk. Clause 15 says that people
who are at risk for HIV, like gay and transgender people, can never donate
blood. This is called a "permanent deferral."[15]
In the USA, the FDA's current policy, as well as in other countries, the law and
policies on transgender individuals donating blood and organs is based on their
gender assigned at birth.[16] This policy is implemented due to the perceived
risk of exposure to infectious diseases, but it perpetuates harmful stereotypes
and prejudices against transgender individuals. Internationally, some countries
have taken steps towards inclusive policies. For example, in Argentina,
individuals can self-identify their gender on their national ID cards, which
allows transgender individuals to donate blood based on their self-identified
gender.
Advocacy and Activism for Transgender Donation Rights
There have been legal challenges to the restrictions placed on transgender
individuals when it comes to blood and organ donation. The American Civil
Liberties Union (ACLU) and LGBT rights groups have argued that the lifetime ban
on blood donation for gay and bisexual men and the restrictions placed on
transgender individuals are discriminatory and violate civil rights.[17] These
organizations have called for a science-based approach to the evaluation of
donors.
Transgender people and their allies have been pushing for inclusive policies and
procedures in the medical industry.
The freedom of transgender people to give blood and organs based on their gender
identity has been promoted by groups like the National Center for Transgender
Equality[18] and the Human Rights Campaign[19]. Inclusionary policies that do
not uphold damaging stereotypes about vulnerable communities are what they are
aiming for.
Successful Activist Efforts and Campaigns
Successful campaigns that emphasize the negative consequences of limiting
transgender people's donation rights have recently been launched. For instance,
the National LGBT Cancer Network's 2018 "Give a Damn, Donate a Pint" campaign
urged members of the LGBTQ+ community, including transgender people, to donate
blood and become informed about the laws in existence. Such initiatives raise
awareness and support the cause of more inclusive legislation.
Moving Forward: Future Steps for Transgender Donation Rights
While progress has been made towards inclusive policies in some countries, there
is still a long way to go towards establishing universal transgender donation
rights.
Current Developments in Transgender Donation Rights
Transgender rights organizations are currently advocating for more inclusive
policies and working towards a science-based approach to evaluating donors. Some
nations, including Spain, have put in place regulations that allow transgender
people to give in accordance with the gender they self-identify as.
Possible Solutions and Alternatives to Donation Restrictions
Moving toward a science-based strategy that evaluates contributors based on
individual conduct rather than general limits would be one potential remedy for
restrictive rules. There is a chance for more inclusive policies that do not
support damaging stereotypes towards transgender people as more data becomes
accessible.
Conclusion and Call to Action
Summary of Key Points
Restrictive laws based on gender identification make it difficult for
transgender people to give blood and organs. On the basis of science and
individual behaviour, advocacy organizations and activists have been striving
toward more inclusive policies. There have been effective initiatives that draw
attention to the negative consequences of limitations and raise awareness of
more inclusive policies.
Action Steps for Readers
Readers can fight for more inclusive policies by educating themselves on the
current regulations. Everyone should have equitable access to the opportunity to
donate blood and organs since doing so is an important act of charity. To
influence change for more inclusive policies, people can get in touch with
advocacy groups, write to their politicians, and take part in activist
activities. In conclusion, it is urgent to address the long-standing problem of
excluding transgender persons from giving blood and organs.
It is essential to comprehend the negative consequences these limitations have
on the transgender community and to take steps to change the current laws. We
can strive toward a future when transgender people are given equal rights to
donate blood and organs, saving countless lives in the process, by fighting for
reforms in laws and regulations.
End-Notes:
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- Karamitros G, Kitsos N and Karamitrou I, 'The Ban on Blood Donation on Men Who Have Sex with Men: Time to Rethink and Reassess an Outdated Policy' (2017) 27 The Pan African Medical Journal 99
- Gallman S, 'FDA Lifts Lifetime Ban on Gay Men Donating Blood' (CNN, 22 December 2015) accessed 27 March 2023
- Legal P, 'INDIA'S BAN ON BLOOD DONATIONS BY GAY AND TRANSGENDER COMMUNITY' (Prime Legal, 26 March 2023) accessed 4 April 2023
- Bureau TH, 'Health Ministry Backs 2017 Guidelines That Exclude Transgender Persons, MSM, Female Sex Workers from Donating Blood' The Hindu (11 March 2023) accessed 26 March 2023
- NACO, 'India HIV Estimates (2020)' accessed 10 April 2023
- Moseson H and others, 'The Imperative for Transgender and Gender Nonbinary Inclusion' (2020) 135 Obstetrics and Gynecology 105
- European Union Agency For Fundamental Rights, 'Challenges Facing Transgender Persons' accessed 10 April 2023
- 'Govt. Submits Data on Gay Population' The Hindu (13 March 2012) accessed 9 April 2023
- Ministry of Health & Family Welfare (National Blood Transfusion Council), 'Minutes of 26th meeting of Governing Body of National Blood Transfusion Council (NBTC)-reg.' accessed 10 April 2023
- Legal P, 'INDIA'S BAN ON BLOOD DONATIONS BY GAY AND TRANSGENDER COMMUNITY' (Prime Legal, 26 March 2023) accessed 27 March 2022
<https://primelegal.in/2023/03/26/indias-ban-on-blood-donations-by-gay-and-transgender-community/>
accessed 27 March 2023 - A writ petition of petitioner of the case of Thangjam santa singh V. Union
of India, available at <https://clpr.org.in/wp-content/uploads/2021/06/Santa-Khurai-Blood-transfusion-PIL-1.2.2021.pdf>
accessed 27 March 2023
- 2018 SCC Online SC 10
- 2014 SCC Online SC 328
-
'Trans and Gay People, Women Sex Workers Can't Donate Blood: What the Centre
Said in SC' (justicenews) <https://www.justicenews.co.in/trans-and-gay-people-women-sex-workers-cant-donate-blood-what-the-centre-said-in-sc/>
accessed 27 March 2023
- 'Guidelines for Blood Donor Selection & Blood Donor
Referral - JournalsOfIndia' (14 March 2023) <https://journalsofindia.com/guidelines-for-blood-donor-selection-blood-donor-referral/>
accessed 27 March 2023
- 'LGBTQ Donors' <https://www.redcrossblood.org/donate-blood/how-to-donate/eligibility-requirements/lgbtq-donors.html>
accessed 4 April 2023
- 'Transgender Rights' (American Civil Liberties Union) <https://www.aclu.org/issues/lgbtq-rights/transgender-rights>
accessed 23 March 2023
- Injustice at Every Turn, ' A Report of National Transgender
Discrimination Survey' <https://transequality.org/sites/default/files/docs/resources/NTDS_Report.pdf>
accessed on 12 April 2023
- 'Proposed New Blood Donation Guidelines Focused on Individual Assessment
an Important Step Toward Ending Discriminatory Policies, But More Progress
Still Needed to Ensure Equitable Treatment of All Donors' (Human Rights
Campaign, 27 January 2023) <https://www.hrc.org/press-releases/proposed-new-blood-donation-guidelines-focused-on-individual-assessment-an-important-step-toward-ending-discriminatory-policies-but-more-progress-still-needed-to-ensure-equitable-treatment-of-all-donors>
accessed 24 March 2023
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