Court rules Thai Red Cross blood donation ban on LGBTQIA+ not discriminatory

The case stemmed from a complaint filed after the National Blood Centre rejected a donor identified as “Mr Por,” who was born male but identifies as female. Officials said the decision was based on the individual’s sexual behaviour, deemed to carry a higher risk of HIV and sexually transmitted infections.

The Committee on Consideration of Unfair Gender Discrimination had earlier concluded that the screening system was inadequate and ordered the Thai Red Cross to introduce new criteria based on actual sexual behaviour within 90 days.

However, the Central Administrative Court found that blood safety is paramount, noting that the National Blood Centre is responsible for ensuring the safety of both donors and recipients, and must therefore conduct screening to secure safe blood in line with the World Health Organisation’s goals.

The court also noted that international guidelines require restrictions on men who have sex with men due to elevated HIV risks. It therefore ruled that the Thai Red Cross acted lawfully in prioritising safe blood supplies and annulled the committee’s order.

The judges added a non-binding opinion, criticising the Thai Red Cross for issuing temporary donor cards marking individuals as “permanently ineligible,” which could expose them to stigma, humiliation, and violations of human dignity if misunderstood as HIV-positive.

Although the Committee on Consideration of Unfair Gender Discrimination did not raise this issue, the judges nevertheless ruled on it as a matter of public order.