diately. It is incumbent on the relevant departments and public transport associations to quickly come up with a socially just and nondiscriminatory solution. Discrimination based on sexual orientation HOMOSEXUAL MEN NOT PERMITTED TO DONATE BLOOD Two men contacted the AOB after feeling discriminated against due to the fact that homosexual men are not permitted to donate blood or plasma. On a Red Cross questionnaire, in answer to the question “Are you a man and have you had sex with another man?” they responded truthfully in the affirmative, and were therefore not allowed to donate blood. With a view to reducing the risk of transmission of diseases, European and Austrian legal principles set forth which individuals are not permitted to donate blood. Pursuant to the applicable EU directive and Austria’s Blood Safety Act, it is only individuals whose sexual behaviours involve a high risk of infection who are explicitly prohibited from donating blood. The legal bases do not stipulate mandatory exclusion of homosexual men. Legal principles In practice, the following arguments are used to justify the fact that homosexual men are automatically excluded from blood donation: there is a significantly higher risk of HIV infection among homosexual men; despite the latest test methods the residual risk after blood donation cannot be ruled out; and since condoms do not provide 100% protection, even homosexual men who practice safe sex are excluded from blood donation. Residual risk too great? Quite rightly, this approach has been contested. In a statement to the AOB, the Minister of Health expressed misgivings about it. He has presented a draft amendment to the Blood Donor Ordinance aimed at adding an amendment explicitly prohibiting discriminatory wording in questionnaires. Whether this draft amendment actually enters into force will depend on the outcome of a European study. In some countries, there is a blanket prohibition on homosexual men donating blood, while in some European countries blanket prohibitions of this kind have recently been rescinded. The European Com- EU regulation in preparatory phase 41