Overview
Bahrain has both an HIV-specific statute, as well as general criminal disease provisions in its Penal Code.
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. Importantly, the law punishes actual transmission of HIV rather than merely exposure or non-disclosure.
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.
Additionally, the Penal Code includes a provision under Article 348 which imposes an aggravated sentence for the offences of rape and sexual assault in certain situations, which includes where the victim sustains a venereal disease as a result of the assault. Article 330 also requires people accused of soliciting others to commit acts of ‘immorality’ or ‘prostitution’ to undergo a medical examination, and should they be found to be living with a venereal disease, to receive treatment by a medical institution until they have ‘recovered’. It is not clear what the implications of this law would be for people living with HIV, given that lifelong treatment is required.
There have been no known cases of HIV criminalisation under these or other laws.
Laws
Law for the Prevention of Society from Acquired Immune Deficiency Syndrome (AIDS)
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.
Chapter 5 – Penalties
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
Penal Code 1976
Article 330
Upon detecting the occurrence the police shall take the following measures:
Refer the perpetrator of acts of immorality or prostitution to a medical practitioner for an examination. Should it be established that he/she is suffering from a venereal disease, the competent court shall order the reference thereof to a medical institution until he/she recovers.
Place an attachment over the furniture and properties in the premises operated for purposes of immorality or prostitution, close the said premises and place the seals thereon.
Neither the said premises subject to an order of closure and placing the seals thereon nor the furniture and properties maintained therein shall be surrendered unless a judgement is passed by the court of competent jurisdiction to this effect or for the acquittal of the accused.
Article 348
The following shall be aggravating circumstances in the crimes provided for in the preceding Articles of this Chapter:
(…)
If the victim sustains a venereal disease as a result of committing the crime.
HIV Justice Network's Positive Destinations
Visit the Bahrain page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.
