Greece’s top administrative court has overturned a 2022 Health Ministry decision that lifted a long-standing blood donation ban on gay men, effectively reinstating the exclusion until further scientific evaluation is provided.
The Council of State ruled that the policy change bypassed expert recommendations and lacked a supporting scientific study.
The annulled regulation had removed questions about same-sex relations from donor forms, reversing a ban dating back to the 1980s HIV crisis. However, the court found that the decision ignored prior advice from two health advisory panels recommending time-based deferral periods – three or 12 months – for individuals in high-risk groups.
The ruling followed petitions from thalassemia patient groups who argued the ministry failed to prioritize public health and proper blood safety protocols. The court emphasized that any donor restrictions linked to sexual behavior must be based on scientific and epidemiological evidence, not blanket exclusions. The ministry must now re-evaluate the policy to align with both science and constitutional protections.