| Clause 12, 51 | Risk Behaviour; At risk for HIV Infection | It categorises transgender persons, men having sex with men, and female sex workers as 'at risk' for HIV/AIDS | Violates Article 14: |
| a) Deprives transgender persons, gay and bisexual men, and female sex workers the right to donate blood based on gender identity and sexual orientation. |
| b) No correlation between goal to make blood donation safe, and the exclusion of said group of persons. |
| c) Basis for exclusion is negative stereotypes in society against this group of persons. |
| Violates Article 15: |
| a) Only factor for categorising them into 'at risk' factor was sexual orientation and gender identity. |
| Violates Article 21: |
| a) the exclusion perpetrates the idea that such persons are not worthy of participating in society. |
| b) further marginalisation of transgender persons and persons of different sexual orientation worsens their status in society |
