Mauritius

Lorem ipsum dolor sit amet, volutpat referrentur mel ex, eam ad dicant fabulas vituperata. Quo te civibus vivendum mediocrem. At pri mundi offendit. Vim an everti accusam consectetuer. Ceteros fabellas vix no, id impetus fastidii eam. Sonet essent ut vim, ea alia everti oblique eum, suas senserit voluptatibus sea et.

Vide partem id mei, vel ex nonumes repudiare. Et veritus admodum usu. Nec quas nobis eruditi at, ut mei utinam legere. Eum in debitis liberavisse, qui cu tollit rationibus interpretaris.

Legal and policy alternatives to HIV criminalisation: community-level and societal approaches

04 Nov 2012
by Edwin J Bernard Legislators in Mauritius decided not to criminalize exposure to HIV or even HIV transmission. Legislators realized that legislation criminalising HIV exposure and/or transmission would not be able to withstand a constitutional challenge, because of the difficulties … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Laws

Applicable laws

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

Applicable key wording

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.

Further reading

Latest cases and news can be found at: http://www.hivjustice.net/country/mu/

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017