Overview
Chad enacted an HIV-specific law in 2007 that has both protective and punitive provisions.
The law imposes an obligation for people living with HIV to disclose their status to their partners and highlight the duty of people living with HIV not to infect other members of their family and other people.
It also criminalises anyone aware of their HIV-positive status who has “unprotected sexual relations with the aim of transmitting it to another person”. In addition, “involuntary transmission” through negligence can be punished with sentences ranging from 3 months to two years.
The law also applies enhanced sentences to people living with HIV in cases of recidivism or rape.
To our knowledge, there have been no reported cases to date.
Laws
Law No. 19/PR/2007 on combating HIV/AIDS/STI and protecting the rights of people living with HIV/AIDS
Article 50 – People living with HIV, once informed of their HIV status, have a duty not to infect other family members and society.
Before marriage, this person has a duty to inform his/her future spouse, as well as his/her possible partners, of his/her HIV status.
If it is not possible, at his/her request or with his/her consent, medical professionals may provide this information.
Article 54 – Any act leading to HIV/AIDS transmission must be sanctioned by the laws in force.
Article 55 – Anyone who, through clumsiness, carelessness, negligence or failure to observe the rules, has involuntarily transmitted HIV to others shall be punished by three months to two years’ imprisonment and a fine of 50,000 to 1,000,000 FCFA or only one of these two penalties.
Article 59 – Anyone who, knowing that he/she is HIV-positive, has unprotected sexual relations with the aim of transmitting it to another person shall be punished by criminal imprisonment for a period of five to ten years, without prejudice to any civil action that may be brought against him.
In the event of recidivism or rape, the penalty of life imprisonment shall be applied.
Anyone who knowingly engages in an activity that results in the transmission of HIV to another person shall be punished by the same penalty.
Acknowledgements
Report presenting the results of a survey on HIV criminalization in African countries where French is spoken, conducted from May to September 2017.
Authors: Stéphanie Claivaz-Loranger & Cécile Kazatchkine for the Canadian HIV Legal Network and HIV JUSTICE WORLDWIDE
HIV Justice Network's Positive Destinations
Visit the Chad 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.