Mauritius

Last updated on: 3 September 2012

Criminalisation of HIV transmission/exposure

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

HIV AND AIDS ACT 2006 (Act No. 31 of 2006)

Key wording in the law: 

Article 18:

18. Offences and penalties

(1) Any person who contravenes section 4(1), 6(1), 7(1), 12, 13(2), (3) or (4) or 14(2) shall commit an offence and shall, on conviction, be liable to fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months.

 (2) Any person who contravenes section 15 shall commit an offence and

shall, on conviction be liable to a fine not exceeding 100,000 rupees

and to imprisonment not exceeding 5 years.

 (3) (a) Any person who treats any other person or his relative -

(i) unfairly, unjustly, or less favourably than a third person would have been treated in comparable circumstances;

(ii) with hatred, ridicule or contempt, on account of being, or being perceived as being, infected with HIV, shall commit an offence and shall on conviction be liable to a fine not exceeding 50,000 rupees.

 (b) In paragraph (a), "relative" means spouse, child, father, mother, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece and includes any person with whom the person concerned resides.

 (4) No prosecution for an offence under subsection (2) or (3) shall be

instituted except by, or with the consent of, the Director of Public

Prosecutions.

Discussion: 

The law focuses in particular on issues regarding HIV testing and confidentiality.

Other laws and policies with an impact on responses to HIV

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

The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of Mauritius.

Travellers coming from yellow fever-infected areas may be asked to present a yellow fever vaccination certificate.

Migrant workers have to submit results of their HIV test for employment. No employment in case the test result is positive.

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

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Female to Female Relationships: Legal

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