Ethiopia

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African HIV criminalisation achievements and challenges highlighted at ICASA 2013

11 Dec 2013
The African continent has more countries with overly broad and vague HIV-specific laws relating to HIV non-disclosure, exposure and/or transmission than any other global region, nearly all of which have been enacted in the past decade. Although North America is … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: Yes

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 4

Convictions

Number of convictions 4

In all cases the defendants were accused of other offences (rape, incest, sex with a minor and sex with a prostitute) and their HIV status was considered to be an aggravating factor.

Laws

Applicable laws

Ethiopia Criminal law Article 514

Applicable key wording

Article 514. - Spreading of Human Diseases

(1) Whoever intentionally spreads or transmits a communicable human disease, is punishable with rigorous imprisonment not exceeding ten years.

(2) Where the criminal:

a) has spread or transmitted a disease which can cause grave injury or death, out of hatred or envy, with malice or with a base motive;
or
b) without even the particular intent specified in sub-article (a) of this Article has spread or transmitted a disease which can cause grave
injury or death; or
c) has transmitted an epidemic, the punishment shall be rigorous imprisonment not exceeding twenty years, or in grave cases, with rigorous imprisonment for life or death.

(3) Where the crime is committed negligently, the punishment shall be simple imprisonment or fine.

Further reading

Latest cases and news can be found at: http://www.hivjustice.net/country/et/

Cases

Overview

The Network of Networks of HIV Positives in Ethiopia (NEP+) found four recorded HIV-related prosecutions in Ethiopia (prior to December 2011), three in Addis Ababa and one in Bahirdar. In all cases the defendants were accused of other offences (rape, incest, sex with a minor and sex with a prostitute) and their HIV status was considered to be an aggravating factor. Source: African HIV criminalisation achievements and challenges highlighted at ICASA 2013 http://www.hivjustice.net/news/african-hiv-criminalisation-achievements-and-challenges-highlighted-at-icasa-2013/#sthash.dqhtvjZ2.dpuf

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017