Albania

Last updated on: 6 July 2012

Criminalisation of HIV transmission/exposure

Albania
Whether Specific law enacted: 
-
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

There is a draft law (see further reading for link) the status of which we do not know.

Key wording in the law: 

See discussion section.

Discussion: 

From the responses received in 2004 it appeared that Albania had no laws that could be used to initiate prosecution proceedings for the transmission of HIV. We were told at that time that in 2000 the government had enacted legislation on the ‘prevention and control of HIV/AIDS', but this had not gone as far as imposing sanctions for transmission.

A special committee was set up in 2004 to review existing law and to consider whether criminal liability should be imposed for transmission of the virus.

The result of this committee was a 'draft law' covering all aspects of HIV/AIDS. It contained the following provisions :

Persons with HIV/AIDS shall have these obligations:

a) implement prevention and transmission of HIV to other people;

b) inform their spouses about the positive HIV test result;

c) other obligations provided for by this Law and other laws.

Survey respondents/Organisations working on HIV and the Law: 

HIV/AIDS National Coordinator at the UN Resident Coordinators Office (Bujana Hoti). 

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org