Overview
The Criminal Code of Guatemala prohibits the intentional or reckless spreading of diseases generally. There is additionally an HIV-specific law which implements a number of protections and some obligations for those living with HIV.
Article 301 states that anyone who deliberately spreads a dangerous or contagious disease shall be punished with imprisonment for one to six years. Under Article 312, this penalty is reduced by two thirds where the offence is committed recklessly.
Article 305 penalises anyone who violates health measures in place to prevent the introduction or spread of an epidemic. This provision carries a penalty of six months to two years’ imprisonment.
Though these provisions do not explicitly mention HIV, the law has the potential to be used to criminalise people living with HIV.
In 2000, Guatemala introduced Decree 27-2000, General Law for the Fight against the Human Immunodeficiency Virus (HIV) and the Acquired Immunodeficiency Syndrome (AIDS) and for the promotion, protection and defence of Human Rights in the face of HIV/AIDS.
Article 25 states that where a person living with HIV refuses or is unable to inform their partner, habitual or casual, of their status, their healthcare providers shall notify them. Article 40 elaborates, stating that people living with HIV have the right to communicate their status to anyone they wish, but conversely, their healthcare providers shall inform them that they are obliged to communicate their status to their partners, as per Article 25.
Additionally, Article 20 prohibits compulsory HIV testing except in specific circumstances which includes when it is required for criminal proceedings following a judicial order.
There are no known HIV-related criminal cases in Guatemala.
Laws
Criminal Code of Guatemala
Book II – Special Part – Title VII – Chapter IV – Spread of Disease
Article 301 – Spread of Disease
Anyone who intentionally spreads a disease that is dangerous or contagious for people, will be punished with prison for one or six years.
Article 305 – Contravention of Sanitary Measures
Whoever infringes the measures imposed by law or those adopted by the health authorities to prevent the introduction or spread of an epidemic, a plant pest or an epizootic capable of affecting human beings, will be punished with a six-month prison term. two years.
Article 312 – Guilty Crimes If the crimes included in section 301, 302, 303 and 304 have been recklessly committed, the offender shall be punished with the punishment appropriate to the crime, reduced by two thirds
Decree 27-2000, General Law for the Fight against the Human Immunodeficiency Virus (HIV) and the Acquired Immunodeficiency Syndrome (AIDS) and for the promotion, protection and defence of Human Rights in the face of HIV/AIDS
Article 20.- Of the exceptional authorization for testing.
The authorization for HIV testing is prohibited on a mandatory basis. Except in the following cases: …
… c) When required for criminal procedural purposes and with a prior order from the competent judicial authority.
Article 25.- Of the information of the diagnosis to the couple.
When the person living with HIV / AIDS refuses or cannot notify his or her habitual or casual partner of his/her diagnosis, the treating physician or health personnel must notify the same, according to the procedures specified in the regulations of this law, respecting, at all times, human dignity, human rights and the confidentiality of people.
Article 40.- About communication to partners.
The person living with HIV / AIDS has the right to communicate her situation to whoever she wishes. However, the corresponding health authorities, in accordance with this law, must recommend to the obligation to communicate their situation to their regular or casual partner so that they can take the necessary preventive measures
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the Guatemala 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.