Overview
Thailand does not have an HIV-specific law and HJN is not aware of any cases of general laws being applied to HIV cases to date.
In August 2020, the Royal Thai Police deputy police spokesman was quoted as saying ‘people with risky behaviours’ and people living with HIV would be prosecuted if they donate blood. The report, translated from Thai, suggests police would use a charge of killing with intent. It is not clear what triggered the statement or whether this is an official position of the Royal Thai Police.
A February 2023 report stated that a woman was suing her husband for alleged HIV transmission to both her and her unborn baby. Following birth, the baby was consistently sick which led the woman to seek medical attention, at which point their HIV status was revealed, and the woman alleges this was a result of her husband cheating on her. The baby died following the diagnosis. Although it is not clear whether criminal charges were laid, the report suggests that the man could be liable under section 297 of the Criminal Law of Thailand, which prohibits the infliction of grievous bodily harm with a maximum penalty of 10 years’ imprisonment.
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
