Ethiopia

Last updated on: 17 September 2014

Criminalisation of HIV transmission/exposure

Ethiopia
Whether Specific law enacted: 
-
Number of people prosecuted: 
4
Number of people convicted: 
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.
Applicable law: 

Ethiopia Criminal law Article 514

Key wording in the law: 

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.

Key Cases: 

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

Survey respondents/Organisations working on HIV and the Law: 

Ethiopia Treatment Access Movement
Kassahun Argaw
120888
Addis Ababa
Ethiopia
Etam2008@gmail.com

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 with HIV/AIDS. Foreigners with a known HIV infection are not subject to specific residence regulations. No HIV test result is required when entering the country. There are no regulations regarding the control, deportation or expulsion of those concerned.

Antiretroviral medication can be imported for personal use (quantity to cover duration of stay)

Foreigners with a known HIV infection are not subject to specific residence regulations in Ethiopia.

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: NotLegal

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