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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


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


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

Further reading

Latest cases and news can be found at:

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017