Overview
We do not have confirmation of the status of HIV criminalisation in Yemen. There does not appear to be any laws in the Yemeni Penal Code relevant to HIV transmission, ‘exposure’, or non-disclosure. However, some sources suggest there are HIV-specific laws in place.
This article by a criminal law professor at Salah al-Din University, Kurdistan, suggests that Law No. 30 of 2009 on the prevention of society from AIDS and the protection of the rights of those living with the virus includes a criminalisation provision. Article 36 stipulates that “anyone who transmits HIV/AIDS to others shall be punished with the penalties prescribed in the Crimes and Penalty Law.”
Further sources suggest that an HIV-specific law, first proposed in 2018, was passed in December 2021, criminalising HIV transmission without the need to prove intention. The law also includes provisions targeting foreign-born citizens of Yemen and requires mandatory testing of refugees and migrants.
We have been unable to access either the 2009 or the 2021 law.
We are not aware of any cases of reported HIV criminalisation in Yemen.
HIV Justice Network's Positive Destinations
Visit the Yemen 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.