Equatorial Guinea

Last reviewed 01 June 2017

Laws

Applicable laws

1. Decree 107/2006 issued on the 20th of November on urgent measures are being taken to arrest the development of HIV/AIDS in Equatorial Guinea

Complete text of the law in an unofficial translation is available below.

2. Promulgation of law No 3/2005 on the prevention of and fight against STI/HIV and on the human rights of people affected.

3. Decree of October 2006, approving free antiretroviral treatment.

Applicable key wording

Article six:

Infected individuals who are aware of their HIV status and maintain sexual relationships without the use of a condom will be revealed and subjected to competent juries and trials according to the stipulations in Law 3/ 20005 of the 9th of May (2006) , on Prevention and Fight against sexually transmitted diseases, HIV/AIDS and the defence of Human rights of infected individuals

Article seven:

Any HIV/AIDS infected adult, aware of their HIV/AIDS carrier status and who maintains sexual relationships with another person and infects the third party, independently of the penal responsibility, will assume the obligation to support the newly infected party in all aspects of their life.

Discussion

From the information received it appears that the law relating to the criminalisation of HIV transmission was ‘tacked on’ to an earlier and more progressive law 2006 entitled "the Law for the Protection of People Living With HIV/AIDS"

Scant information is available about this earlier law except for what we are able to obtain via a link to an UNFPA publication on this issue.

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017