The KIng ratifies the HIV Prevention Law, The rights of infected persons are guaranteed by the constitution and international convention
His Majesty King Hamad bin Isa Al Khalifa, the monarch of the country, has ratified the Law for the Prevention of Society from Acquired Immune Deficiency Syndrome (AIDS) and the protection of the rights of those living with it (meaning those with it).
The law stipulates that people living with the virus enjoy the exercise of all the rights guaranteed to them by the constitution and international agreements, with the prohibition of any refusal to fully provide these rights to them, and the law stipulates their right to receive all kinds of medical care, and regular treatment in public hospitals and specialized government centers.
The law also stipulated that it is not permissible to terminate the service of a Bahraini employee or worker because of his infection with the virus, and it is not permissible to deprive him of work as long as he is able to do it, and he is also entitled to transfer him to another job that is commensurate with his health condition.
People living with the virus (infected with it) have the right to education, and it is prohibited to expel them or transfer them from schools due to infection or subject them to any practices that restrict their right to education.
The law also provides for the provision of legal advice and judicial assistance to the injured and all members of their families in the event of their insolvency or their need to institute lawsuits to protect their rights.
Among the most important texts included in the law is the prohibition of publishing any personal data about the injured in any of the means of publication .. unless the injured agreed to that in writing .. Also, medical and health workers must maintain the confidentiality of the medical and personal information of the injured and not disclose it, and when they are tried. The session must be kept confidential, whether at the request of the court or the request of the infected person and his representative … and expressly stipulating that the virus detection tests are voluntary and confidential.
The law stipulates the punishment of one year in prison and a fine of two thousand dinars for everyone who mistakenly causes the transmission of the virus to others, and the penalty rises to 10 years imprisonment and the fine (10) thousand dinars in case of deliberately causing the transmission of the virus.
(Details)
His Majesty King Hamad bin Isa Al Khalifa, the monarch of the country, has ratified and issued Law No. (1) of 2017 regarding protecting society from acquired immune deficiency syndrome (AIDS) and protecting the rights of people living with it, and it says:
Chapter One
Definitions
Article (1) 1)
In implementing the provisions of this law, the following words and expressions shall have the meanings indicated next to each of them, unless the context of the text requires otherwise:
Minister: The minister concerned with health affairs.
Ministry: The Ministry concerned with health affairs.
Disease: Acquired Immune Deficiency Syndrome (AIDS), which is a group of symptoms and signs of disease resulting from a weak immune system in the human body.
Virus: The virus that causes AIDS.
Living with HIV: A person infected with the virus that causes acquired immunodeficiency virus (AIDS), whether or not he has symptoms.
The Committee: The National Committee to Combat Acquired Immune Deficiency Syndrome (AIDS).
The representative of the person living with the virus: the spouse and relatives up to the third degree, or the attorney of the person living with the virus, or the guardian, custodian, or guardian of the person living with the virus without qualification, or the head of the diplomatic mission of the country to which the person living with the virus belongs if he does not have relatives in the Kingdom or is unable Their attendance, depending on the circumstances.
The person suspected of being infected with the virus: the sexual partner of a person living with HIV or a participant in the injection of drug with it, or whoever was exposed to one of the methods of transmission of the infection.
Health institutions: Every governmental or private facility licensed to practice and provide health services.
Medical committees: They are the bodies authorized to determine the patient’s inability to practice his work, the formation of which is issued by a decision from the Minister.
Health professions: the professions of human medicine, dentistry and pharmacy, as well as the auxiliary medical professions indicated in the table attached to Law No. (2) of 1987 regarding non-physicians and pharmacists practicing allied medical professions.
Chapter Two
Rights of people living with the virus
Article (2)
People living with the virus enjoy the exercise of all the rights guaranteed by the constitution and international agreements ratified by the state and applicable laws, and any act or abstention that constitutes discrimination against them, or leads to degradation of their dignity or diminution of their rights or Exploiting them due to infection of all genders and ages.
Article (3)
People living with the virus have the right to receive all kinds of medical care and regular treatment in public hospitals and specialized government medical centers.
Article (4) It is
not permissible to terminate the service of the Bahraini employee or worker because of his infection with the virus, and it is not permissible to deprive him from work as long as he is able to do it, unless it is proven that he is unable to do so according to a medical report from the Ministry’s medical committees, and he has the right to request his transfer to a job Other commensurate with his health condition, and the employer has the right to transfer him to another job if his current job may cause danger to those dealing with him, according to the decision of the medical committees.
Article (5)
People living with the virus have the right to education, and it is prohibited to dismiss them or transfer them from schools because of infection or to subject them to any practices that restrict their right to education.
Article (6)
The Ministry works, in coordination with the concerned authorities, to provide the necessary legal advice and judicial assistance for people living with the virus, its family members, and those affected by it, in the event of their insolvency and their need to file a lawsuit to protect their rights regarding the disease.
Article (7) It is
prohibited to publish the personal data of the person living with the virus in any of the means of dissemination, unless the person living with the virus or its representative agrees to that in writing or in the cases approved by the legislation in force.
Article (8)
The medical and health workers must maintain the confidentiality of the medical and personal information of people living with the virus, and not disclose it except in cases required by law.
Article (9)
If the person living with the virus (or a member of his family) is a party to a lawsuit whose subject matter is related to the virus, the court may, on its own initiative or upon his request, or his representative request, to make the trial secret, without prejudice to the principle of the openness of the judgment session.
Article (10)
Subject to the mandatory examination cases mentioned in laws, regulations and executive decisions, virus detection tests are voluntary and confidential.
Article (11)
Those living with the virus have the right to custody of the child without prejudice to the provisions regulating it.
Article (12) The
Ministry must train and rehabilitate people living with the virus to enable them to educate others to prevent AIDS.
Chapter Three
Duties of the Person living with the virus
Article (13)
Those who are suspected or discovered to be infected with the virus must go to the health institution to conduct the necessary examination, receive treatment and be aware of the risks and complications of infection and the methods of transmission of the virus.
Article (14) The person
living with the virus must adhere to the instructions given to him by the health institutions that treat him, with the aim of preventing the virus from being transmitted to others.
A person living with the virus, upon learning of his infection, is prohibited from undertaking any behavior that leads to transmitting the virus to others.
Article (15)
If the governmental or private health institution detects that a person has been infected with the virus, the Ministry must inform the suspect.
Chapter Four
Protection, Awareness and Information
Article (16)
A committee called (the National Committee to Combat Acquired Immune Deficiency Syndrome “AIDS”) shall be established by a decision of the Council of Ministers, headed by the Minister, and includes in its membership representatives of the concerned government agencies and the competent authorities.
Article (17):
Health institutions must follow general safety procedures and measures in all diagnostic and therapeutic operations, and take all necessary health measures to prevent the virus from transmitting to health service recipients.
And the persons and the shops that carry out activities that may lead to the transmission of the virus, must take all necessary health measures to prevent the virus from transmitting to the recipient of the service.
Article (18): The
Ministry shall take the necessary measures to encourage individuals to voluntarily screen for the detection of the virus.
Article (19):
Health institutions must take the necessary measures to train and raise the capabilities of doctors and technicians working, apply ethics of health professions when dealing with people living with the virus, and conduct scientific studies and research in this field, all with the aim of protecting society from disease and protecting the rights of people living with the virus.
Article (20)
Health professionals have the right to obtain adequate precautions to protect them from contracting the virus because of their work, and in the event that any of them is infected with the virus because of his work, he shall have the right to appropriate compensation in accordance with the laws in force.
Article (21): The
authorities and bodies concerned with media affairs, in cooperation with the Ministry and the concerned authorities, must work to spread awareness of the dangers of disease among members of society, and make them aware of the methods of virus transmission and how to prevent it.
Chapter Five
Penalties
Article (22):
A penalty of imprisonment for a period of no less than a year and a fine of not less than two thousand dinars and not exceeding twenty thousand dinars, or one of these two penalties, shall be inflicted on whoever causes by mistake to transmit the virus to others.
Whoever intentionally causes transmission of the virus to others shall be punished by imprisonment for a period of no less than ten years and a fine of not less than ten thousand dinars and not exceeding fifty thousand dinars.
It is considered an aggravating circumstance if the crime occurred as a result of the offender’s breach of the obligations imposed on him by the assets of his job, profession, or profession, or if the act resulted in the transmission of the virus to more than one person.
Without prejudice to the criminal liability of a natural person, the legal person shall be punished by double the fine, in its minimum and maximum limits, if any of the crimes prescribed under the provisions of this law are committed by one of his employees.
Article (23):
Whoever commits an act or abstains from working in the face of a cohabitant with the virus that constitutes discrimination against him or leads to degradation of his dignity, diminution of his rights, or exploitation due to infection, shall be punished with imprisonment for a period not exceeding six months or a fine not exceeding five hundred dinars.
Article (24)
Whoever violates the provisions of Articles (7 and 8) of this Law shall be punished with imprisonment for a period of no less than six months and a fine of not less than one thousand dinars and not exceeding five thousand dinars, or one of these two penalties.
Article (25):
Any individual establishment or a private legal person who violates the provisions of Articles 4 and 5 of this law is punished by a fine of not less than five hundred dinars and not more than one thousand dinars.
Chapter Six
Final Provisions
Article (26): The
Minister shall issue the executive regulations for this law within one year from the date of its issuance.
The Minister issues decisions implementing this law.
Article (27): The
Prime Minister and the ministers – each within his jurisdiction – shall implement this law, and it shall come into force as of the day following the date of its publication in the Official Gazette.
