Kiribati

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Kiribati
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Penal Code 1977

Key wording in the law: 

Penal Code (s 176) Negligent act likely to spread infection of disease dangerous to life-

Penal Code (s 218) Acts intended to cause grievous harm or prevent arrest-

Penal Code (s 220) Grievous Harm-

Penal Code (s 223) Unlawful wounding

Penal Code (s 237) Common assaults

Penal Code (s 238) Assaults causing actual bodily harm

Key Cases: 

None

Discussion: 

Penal Code (s 176) Negligent act likely to spread infection of disease dangerous to life- Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour.

Penal Code (s 218) Acts intended to cause grievous harm or prevent arrest- This stipulates that any person who with intent does any grievous harm to a person by any means whatever is guilty of a felony and liable to imprisonment for life.

Penal Code (s 220) Grievous Harm- Any person who unlawfully does grievous harm to another to another is guilty of a felony and liable to imprisonment for seven years.

Penal Code (s 223) Unlawful wounding- An individual who unlawfully wounds another person is guilty of a misdemeanour and shall be liable to imprisonment for five years.

Penal Code (s 237) Common assaults- Any person who unlawfully assaults another is guilty of a misdemeanour and, if the assault is not committed in circumstances for which a greater punishment is provided in this code, shall be liable to imprisonment for six months.

Penal Code (s 238) Assaults causing actual bodily harm- Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and shall be liable to imprisonment for five years. 

Survey respondents/Organisations working on HIV and the Law: 

Pacific Island AIDS Foundation

Further reading: 

Colvin E (2002). Criminal responsibility under the South Pacific codes

Other laws and policies with an impact on responses to HIV

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: Legal

Marriage and Substitutes for Marriage: No law

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