The Council of State is tasked with deciding whether individuals who have had at least one homosexual relationship since 1977, as well as those who have had multiple sexual partners without the consistent use of condoms in the past decade, can be blood donors.
In the Fourth Chamber of the Council of State, presided over by Vice President Elias Mazos and with rapporteur Councilor Ourania Nikolarakou, appeals were heard from six associations representing individuals suffering from thalassemia and two appeals from patients who require frequent transfusions due to transfusion-dependent major thalassemia.
Among the six petitioners are the “Hellenic Federation of Thalassemia” and the “Panhellenic Association of Thalassemia and Sickle Cell Disease Patients.”
They are seeking the annulment of the Health Minister’s decision dated January 10, 2022, which defines the content of the “blood donation history” form, which lists categories of individuals for whom blood donation is prohibited or contraindicated. They argue that this decision contradicts constitutional provisions for the protection of fundamental rights to life and health, as well as relevant legislation.
The contested ministerial decision redefines the cases of individuals excluded from donating blood.
According to the decision, the following individuals are excluded from blood donation:
1) Anyone who has had multiple sexual partners without consistent condom use in the last 12 months,
2) Anyone who has used intravenous or inhaled drugs in the last 12 months,
3) Anyone who has had sexual contact in the last 12 months with a partner who was paid with money or drugs for sex,
4) Anyone who has taken Prep/Truvada or PEP for HIV prevention before or after sexual contact, respectively,
5) Anyone who has used psychoactive substances before or during sexual encounters (chemsex),
6) Anyone who has had sexual contact in the last 12 months with a partner who tested positive for syphilis, HIV, hepatitis B, or hepatitis C,
7) Sexual partners of individuals who receive frequent blood transfusions,
8) Anyone who believes there is a chance they have been exposed to the virus that causes AIDS or are at risk for other sexually transmitted diseases.
However, the petitioners are seeking to annul the decision specifically regarding the removal of the permanent exclusion of individuals who have had at least one homosexual relationship since 1977, as well as those who have had multiple sexual partners without consistent condom use in the past decade, from the “blood donor history” form.
It is worth noting that, according to reports, there are approximately 3,500 patients in Greece with thalassemia who require blood transfusions.
