Overview
Djibouti has an HIV-specific law with criminal penalties, however we are not aware of any reported cases.
On 22 April 2007, Djibouti enacted Law No. 174/An/07/5. Whilst this law was meant to protect persons with HIV and other vulnerable groups from discrimination, it also made it a crime to ‘intentionally’ transmit or expose another person to sexually transmitted infections.
Section 18 states that the intentional transmission or ‘exposure’ to the risk of sexually transmitted diseases, or transmission of substances harmful to health, is punishable by ten years’ imprisonment and a fine. Notably, despite the stated focus of the law being on HIV, this provision does not single out HIV from other contagious diseases.
To our knowledge, there have been no reported cases of HIV criminalisation to date.
Laws
Law No. 174/AN/07/5 on protective measures adapted to the situation of people living with HIV / AIDS and vulnerable groups
Section 18
Any intentional transmission or exposure to the risk of sexually transmitted diseases, any transmission of substances harmful to health, without being liable to cause death, shall be punishable by a term of imprisonment of 10 years and of 2,000,000 fd. fine.
HIV Justice Network's Positive Destinations
Visit the Djibouti 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.