Overview
Equatorial Guinea’s HIV-specific law, enacted in 2005 obliges people living with HIV to use condoms in all sexual relations and to behave in a “decent and responsible” way, especially with regard to sexual relations. There are no criminal penalties attached.
While there are no criminal penalties attached to the 2005 law, a further decree in 2006 does include criminal penalties. Article 6 specifies that individuals who are aware of their HIV-positive status and engage in sexual relationships without a condom will be prosecuted in accordance to the law.
Article 7 stipulates that any individual who is aware of their HIV-positive status and transmits HIV sexually will assume responsibility for supporting the newly infected person in all aspects of their life, independently of any criminal punishment.
To our knowledge, there have no reported cases of HIV criminalisation in Equatorial Guinea to date.
Laws
Law No. 3/2005 on the prevention and control of sexually transmitted infections (STIs), HIV / AIDS and the defense of the rights of affected persons
Article 56 – Every person living with HIV / AIDS must have a decent and responsible behaviour in society, and especially with regard to their sexual relations.
Article 57. People infected with HIV / AIDS are obliged to use condoms in all sexual relations, to avoid contagion as well as for protection of the infected person herself/himself.
Decree No. 107/2.006 dated 20 November on Urgent measures to curb the spread of HIV/AIDS in the Republic of Equatorial Guinea
Article 6 – Infected individuals, who are aware of their HIV/AIDS status and maintain sexual relationships without use of a condom will be reported and subjected to competent juries and trials, according to the stipulations of Law No.3/2005 of the 9th of May, on the prevention and fight against sexually transmitted diseases, HIV/AIDS and the defense of human rights of infected individuals.
Article 7 – Any HIV/AIDS infected adult, aware of their HIV status who maintains sexual relationships with another person and infects them, independently of the penal responsibility, will assume the obligation to support them in all aspects of their life.
HIV Justice Network's Positive Destinations
Visit the Equatorial Guinea 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.