Uruguay

Uruguay has no HIV-specific laws, however there are some general harm provisions in the Penal Code which could be used to prosecute cases of HIV ‘exposure’ or transmission. The first known case of HIV criminalisation was reported in 2024.

Article 224 of the Penal Code makes it an offence to violate sanitary provisions to prevent the introduction or spread of ‘epidemic or contagious diseases of any nature’. This provision carries a penalty of three to 24 months’ imprisonment. It is not clear whether this provision could be applied to HIV ‘exposure’. Early in the COVID-19 pandemic, proposals were made to amend Article 224 to include a clause that ‘the application of the maximum of the aforementioned penalty will be especially justified when the fact is a health emergency declared by the competent authorities.’ This proposal was opposed by the feminist organisation, Women and Health in Uruguay, however it is not clear if this amendment was made.

Additionally, Article 318 defines ‘serious personal injury’ to include incurable diseases, potentially opening up the possibility of prosecution for HIV transmission under this provision. The penalty applied in this case is twenty months to eight years’ imprisonment.

We are aware of one case in Uruguay, reported in October 2024. In this case, police were responding to a violent incident when the partner of the aggressor intervened to obstruct his arrest. During her own arrest for obstruction, the woman, who was living with HIV, spat at police officers. She was sentenced to four months’ imprisonment for ‘insulting authority and assault’. It is not clear from the report which provision was applied, however it is possible that it fell under Article 171 of the Penal Code, which criminalises assault against a public official. Article 172 contains aggravating circumstances, which include where the assault is committed against a police officer.