Myanmar (Burma)

Last updated on: 3 October 2014

Criminalisation of HIV transmission/exposure

Myanmar (Burma)
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Penal Code 1860

Key wording in the law: 

Negligent act, Malignant act

Key Cases: 

None

Discussion: 

Penal Code 1861 (s 269) Negligent act likely to spread infection of disease dangerous to life-

Whoever 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, shall be punished with imprisonment of either descriptionfor a term which may extend to six months, or with fine, or with both.

Penal Code 1861 (s 270) Malignant act likely to spread infection disease dangerous to life-

Whoever malignantly 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, shall be punished with imprisonement of either description for a term which may extend to two years, or with fine, or with both.

To our knowledge, there have been no prosecutions or convictions for the transmission of HIV occurring under this law.


Report calls for legal reforms to drive forward HIV response in Myanmar

NAY PYI TAW, 24 September 2014-A national HIV legal review report,  launched in Myanmar’s capital Nay Pyi Taw , calls for immediate and long-term legal reform and capacity building to ensure access to health and HIV prevention and treatment services for people living with HIV (PLHIV) and key affected populations.  The report, a collaboration between UNAIDS, the United Nations Development Programme (UNDP), and Pyoe Pin (DFID supported community programme), provides evidence of widespread stigma and discrimination of PLHIV and key affected populations in employment, education and the provision of health care and other services and offers strong recommendations to improve the legal framework and create a more enabling environment for HIV responses.

Source:  http://www.mm.undp.org/content/myanmar/en/home/presscenter/pressreleases/2014/09/24/report-calls-for-legal-reforms-to-drive-forward-hiv-response-in-myanmar-/

Survey respondents/Organisations working on HIV and the Law: 

International HIV/AIDS Alliance Myanmar

Other laws and policies with an impact on responses to HIV

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

According to our information, the authorities do not request HIV test results or medical certificates, neither when the person in question applies for a visa nor at the airport on entry to the country. We have no knowledge of specific residence regulations or measures concerning foreigners who live with HIV.

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 less than 10 years

Female to Female Relationships: Legal

Marriage and Substitutes for Marriage: No law

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

Laws relating to injecting drug use: 

Yes