The Central Administrative Court has ruled that a ban on blood donations from men who have sex with men (MSM) does not constitute discrimination.

The case involved the Thai Red Cross Society as a plaintiff, and the Committee for the Determination of Unfair Gender Discrimination, a body established under Thailand’s 2015 Gender Equality Act.

According to the Court, a blood donor filed a petition to the Committee to investigate gender discrimination after their blood donation was rejected by a Red Cross official on the grounds that the blood donor belonged to a group considered at high risk of sexually transmitted diseases.

In this case, the Red Cross Society’s rejection was deemed discriminatory. The Committee ordered it to adopt a new policy assessing blood donors based on risky sexual behaviour, regardless of sex, gender, or sexual orientation, instead of the current screening system. It also instructed the Red Cross to publicise the new policy.

The Red Cross Society subsequently petitioned the Court, requesting that the Committee’s order be revoked.

The Court ruled on Friday (19 September) in favour of the Red Cross, overturning the Committee’s order, stating that international evidence indicates men who have sex with men are at higher risk of sexually transmitted diseases.

The Court stated that in Thailand, allowing MSM blood donations without additional safeguards could result in harm to recipients if unsafe blood were transfused.

The Court concluded that the Red Cross Society’s blood screening and an interview were deemed proportionate for blood recipients’ safety. Since the current procedures were carried out for safety, they did not violate the Gender Equality Act’s provision regarding “unfair gender discrimination.”

In 2022, the Committee commented that the Red Cross Society’s screening form and an interview by an official may not be able to effectively achieve the purpose of blood donations, particularly in cases where blood donors conceal important information.

According to iLaw, an individual who wishes to donate blood is required to complete a form which specifically asks, “Do you have sexual intercourse with the same sex? (For males only)” and “Does your partner have sexual intercourse with the same sex? (For females only).”

If a male donor answers “yes” to the first question, they will be automatically disqualified from blood donation. After completing the form and not being ruled out, an individual will proceed to a medical interview to verify the information provided in the form. At this stage, if a male donor reveals that they have had sexual intercourse with men, they will again be disqualified from donating blood.

In 2021, the National Blood Centre introduced a new blood donation form, requiring donors to check boxes in sections, including a set of questions regarding sexual behaviour. One option specified “having sexual intercourse with the same biological sex.” However, MSM were still prohibited from donating blood.

This also aligned with the information on the website, which stated that a donor must have sexual intercourse only with their partner and not engage in risky sexual behaviour. One remark also asserted that in cases of men who have sex with men, blood donation should be deferred until research conducted in Thailand supports such donations.

In 2023, the National Human Rights Commission recommended that the Centre revise its blood donor form to focus on identifying risky sexual behaviour across all genders and ages, while avoiding targeting specific populations at risk of HIV infection.

On 31 January, Piyanan Kumkrong, the National Blood Centre’s Assistant Director for Blood Procurement and Organisational Image, revealed that currently, blood donation restrictions are no longer applied to only the LGBTQ+ group, stating that individuals engaging in risky behaviour should refrain from donating blood. In addition, MSM should abstain from sexual intercourse for four months before donation to ensure the safety of both the donation process and the use of blood.