Burundi

Last updated on: 31 August 2012

Criminalisation of HIV transmission/exposure

Burundi
Whether Specific law enacted: 
Yes, enacted in 2005
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

Law 1/018 of 12 May 2005 on the Legal Protection of People Infected with HIV and of People Suffering from AIDS (2005).

The full title of the law in French is: Loi no 1/018 du 12 mai 2005 portant protection juridique des personnes infectées par le virus de l'immunodéficience humaine et des personnes atteintes du syndrome de l'immunodéficience acquise.

Key wording in the law: 

Article 42.

Any person who wilfully transmits HIV by any means will be prosecuted for attempted murder and is punishable according to the provisions of criminal law.

Discussion: 

The law not only protects the rights of persons living with HIV, but also specifies their ‘obligations'.

UNAIDS (2008). UNAIDS recommendations for alternative language to some problematic articles in the N'Djamena legislation on HIV (2004).

Other laws and policies with an impact on responses to HIV

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

No restrictions concerning entry and residence regulations.

Travellers must provide proof of vaccination for yellow fever.

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

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of 10 years or more

Female to Female Relationships: Not Legal

Marriage and Substitutes for Marriage:No law

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

Protective laws and policies for people living with HIV: 

Yes