Researchers discriminated against gay men barred from erectile dysfunction study: Ruling
Two gay men were unlawfully excluded from a clinical study on a treatment for erectile dysfunction, the Netherlands Institute for Human Rights ruled Tuesday. The office states that the men were discriminated against based on their sexual orientation.
The men, who filed separate complaints, were denied participation in a study conducted by CTC Netherlands B.V., a clinical research institute that performs trials for pharmaceutical companies. An advertisement for the study stated that participants must be male and in “a stable heterosexual relationship of at least six months.”
The Institute for Human Rights said this requirement was unjustified. The medication under investigation, if approved, would not be prescribed exclusively to heterosexual men. Excluding gay men “directly discriminates on the basis of sexual orientation,” the board wrote.
CTC Netherlands argued that the restriction was scientifically necessary because the study questionnaires had only been validated for heterosexual men. The board rejected this rationale, stating that “this is not a valid reason to exclude an entire group from participation.” It added that additional effort or cost to include gay men should not override their equal right to participate.
This ruling mirrors a similar decision nearly 20 years ago, when the former Equal Treatment Commission found that excluding gay couples from medical research constituted direct discrimination.
