Djibouti

Last updated on: 3 September 2012

Criminalisation of HIV transmission/exposure

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

Law No. 174/An/07/

Key wording in the law: 

On 22 April 2007, Djibouti enacted Law No. 174/An/07/5, which sets forth measures to protect persons with HIV/AIDS and other vulnerable groups affected by the virus. The law states that the principal objective of all AIDS programmes in the country is prevention. To that end, the law requires that the population be informed and educated on the disease, on the modes of transmission, and on the means of protection.

The law stipulates that:

a) preventive actions, testing, diagnosis, and treatment of AIDS and sexually transmitted infections should be free and anonymous;

b) persons living with HIV/AIDS and their families have the same rights as other citizens to non-discrimination and legal equality;

c) all sick persons and persons belonging to vulnerable groups have a right to obtain assistance and the necessary means to lead a life with human dignity;

d) public officials must provide social and legal help for persons living with HIV/AIDS and their families;

e) HIV testing may not be carried out without informed consent and counselling before and after testing;

f) revealing the identity of HIV-positive persons is a violation of privacy;

g) only health professionals and blood, sperm, and tissue donors can be required to undergo HIV testing;

h) all forms of discrimination against HIV-positive persons and persons presumed to be HIV-positive in employment are prohibited;

i) all persons suffering from HIV/AIDS have a right to care to reduce physical and mental pain and to protect their human dignity; and

j) no medical act may be carried out without the informed consent of a patient or, in the case of minors, their legal representative.

The law also makes it a crime to:

a) discriminate against or stigmatize HIV-positive persons or persons presumed to be HIV-positive;

b) intentionally transmit or expose another person to sexually transmitted infections; and

c) intentionally use contaminated blood.

Other laws and policies with an impact on responses to HIV

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

There are no specific entry or residence regulations for people living with HIV and AIDS. No HIV test result is required when entering the country. A known HIV infection will not lead to deportation or the termination of a person's stay.

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

Laws relating to same sex, sexual relations: 

Unclear

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

Protective laws and policies for people living with HIV: 

Yes