Bosnia and Herzegovina

Last reviewed 01 June 2017

Laws

Applicable laws

Possibly Chapter 21 of the Entity Laws (Criminal Acts against the Health of People) Article 211: Transmission of Communicable Diseases (2003)

Article 211: Transmission of Communicable Diseases (2003)

This is not an HIV-specific law.
Only actual transmission is subject to prosecution.
Sentences range from a fine through to 10 years imprisonment.

 

Applicable key wording

Article 211 reads: The person who does not act according to regulations or orders by which the responsible body defines examinations, disinfection and care of sick people or acts against other measures for prevention and combat of communicable diseases among people, and by such act causes transmission of communicable disease, shall be obliged to pay a fine or go to prison up to two years. If by act from article 1 transmission of incurable communicable disease occurs, the offender shall be punished by prison in duration from one to ten years. If acts described in the article 1 and 2 are done unintentionally the offender shall be punished by payment of a fine or prison for up to six months.

Discussion

From the responses received in 2004 it appeared that there had been no prosecutions for HIV transmission in Bosnia up to that date. The Ministry of Justice and WHO Bosnia both said transmission of HIV is not criminalised. However, UNICEF indicated the laws regulating the transmission of communicable disease could also be applied to HIV transmission.

UNICEF in Bosnia and Herzegovina reported at that time that they were taking the first steps in initiating a review of the legislation. As of 2008, we were awaiting any further information regarding the result of any such review.

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017