Bahrain

In 2017 a new HIV-specific law was ratified, the Law for the Prevention of Society from Acquired Immune Deficiency Syndrome (AIDS). This law enacted a number of protections from discrimination for people living with HIV, including in employment, education and access to healthcare, but also specifically criminalised the transmission of HIV.

Chapter 3 of the law imposes punitive duties on those living with HIV. Article 13 requires those suspected or discovered to be HIV-positive to attend a health institution, undertake an examination, receive treatment and be aware of potential complications and ways of transmitting the virus. Article 14 states that a person living with HIV must adhere to the instructions given to them by the health institution, and upon learning of their infection, is prohibited from undertaking any behaviour that leads to transmitting the virus to others. Article 15 requires the health institution, if they suspect the person to be HIV-positive, to inform anyone else suspected to be infected.

Chapter 5 outlines the penalties under this law. Article 22 imposes sentences of imprisonment for no less than one year and/or a fine of between two thousand and twenty thousand Dinars for anyone who causes the virus to be transmitted to another “by mistake”, and imprisonment for no less than ten years and/or a fine of between ten thousand and fifty thousand Dinars for anyone who “deliberately” causes transmission of the virus to others.

The law also states that it is an aggravating circumstance if the crime occurred as a result of the offender’s breach of the obligations imposed on him by his job or profession, or if the act resulted in the transmission of the virus to more than one person.

Importantly, the law punishes actual transmission of HIV rather than merely exposure or non-disclosure.

There have been no known cases of HIV criminalisation under this or other laws.