Blood donation restriction maintained
Central Administrative Court Overturns Red Cross Blood Donation Policy Decision
The Central Administrative Court in Thailand has declared unlawful a directive by the Committee on Consideration of Unfair Gender Discrimination to revise the Thai Red Cross Society's blood donation policy. The court's ruling, issued on an unspecified date, allows the Red Cross to continue its current policy.
The Red Cross, as a manager of national blood services, is responsible for ensuring safe blood for both donors and recipients. As part of this responsibility, the organization has a policy that focuses on high-risk behavior rather than gender identity in its blood donation screening.
The Committee's order, made on March 1, 2022, had instructed the Red Cross to revise its screening policy and publicize an inclusive donation policy within 90 days. However, the Central Administrative Court has now overturned this decision, stating that the committee exceeded its authority in its decision regarding the Red Cross's blood donation policy.
The court's ruling is based on the need to protect the safety of recipients. The court has expressed concerns about the Red Cross issuing permanent deferral cards for high-risk donors without confirming infection. Men who have sex with men are at a higher risk for HIV and sexually transmitted infections.
The Red Cross's current policy remains in effect, and it does not accept blood donations from transgender women who were assigned male at birth. The court has determined that the Red Cross's refusal to accept such donations does not constitute discrimination.
However, the court has noted potential for public perception to stigmatize donors due to the Red Cross's practices. The court has also expressed concerns about the Red Cross's policy violating the 2015 Gender Equality Act.
Despite these concerns, the court's ruling found that the Red Cross's measures to protect the safety of recipients do not violate the 2015 Gender Equality Act. The court's decision is based on the need to prioritize the safety of blood recipients over potential claims of discrimination.
The court's ruling is a significant development in the ongoing debate over blood donation policies and gender equality in Thailand. The Red Cross will now need to reconsider its approach to blood donation screening and ensure that it is both safe and equitable for all potential donors.
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