Bahrain

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Overview

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.

Laws

Law for the Prevention of Society from Acquired Immune Deficiency Syndrome (AIDS)

HIV-specific criminal law (active)
Year enacted
2017
Relevant text of the law

Chapter 3 – Duties of the Person living with the virus

Article 14 – A person living with the virus must adhere to the instructions given to him by the health institutions that treat him, with the aim of preventing the virus from being transmitted to others.
A person living with the virus, upon learning of his infection, is prohibited from undertaking any behavior that leads to transmitting the virus to others.

Penalties

Chapter Five

Article (22):
A penalty of imprisonment for a period of no less than a year and a fine of not less than two thousand dinars and not exceeding twenty thousand dinars, or one of these two penalties, shall be inflicted on whoever causes by mistake to transmit the virus to others.

Whoever intentionally causes transmission of the virus to others shall be punished by imprisonment for a period of no less than ten years and a fine of not less than ten thousand dinars and not exceeding fifty thousand dinars.

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

Without prejudice to the criminal liability of a natural person, the legal person shall be punished by double the fine, in its minimum and maximum limits, if any of the crimes prescribed under the provisions of this law are committed by one of his employees

This information was last reviewed in September 2020