Madagascar’s HIV-specific law criminalises HIV transmission through “clumsiness, carelessness, inattention, negligence or non-compliance with regulations” (Section 67). Penalties range from 6 months to 2 years, accompanied by a fine up to 400 000 Ariary (approx.. 100USD). Sentencing can be doubled if a healthcare professional or traditional healer commits the offence.
To our knowledge, there have not been any reported cases of HIV criminalisation in Madagascar to date.
Act No. 2005-040 of 20 February 2006 on the fight against HIV/AIDS and the protection of people living with HIV/AIDS
Art. 67. – In the event of transmission of HIV through clumsiness, carelessness, negligence or non-compliance with regulations, the offender is punished by imprisonment from 6 months to 2 years and a fine of 100,000 Ariary to 400,000 Ariary. The penalty shall be doubled if the said penalty was committed by a health personnel or a traditional healer.
Based on an analysis of the situation, the legal environment assessment report presents recommendations to improve the HIV response. They are articulated around the definition of institutional responsibilities, the implementation of support services and legislative reforms as well as the promotion of a favourable environment for key populations and infected and affected people.
Report presenting the results of a survey on HIV criminalization in African countries where French is spoken (hereinafter "Francophone Africa"), conducted from May to September 2017.
Authors: Stéphanie Claivaz-Loranger & Cécile Kazatchkine for the Canadian HIV Legal Network and HIV JUSTICE WORLDWIDE