Mexico

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Mexico: First Spanish language ‘HIV is Not A Crime’ meeting leads to new Network and impressive early results

22 Nov 2017
In October 2017 the first Spanish-language ‘HIV Is Not A Crime’ meeting took place in Mexico City, supported by the HIV JUSTICE WORLDWIDE coalition. The two-day meeting brought together people living with HIV, activists, lawyers, human rights defenders, and academics … More

HIV JUSTICE WORLDWIDE releases ‘HIV IS NOT A CRIME’ training academy video documentary

24 Aug 2016
Today, HIV JUSTICE WORLDWIDE releases a 30-minute video to support advocates on how to effectively strategise on ending HIV criminalisation, filmed at the second-ever ‘HIV IS NOT A CRIME’ meeting, co-organised by Positive Women’s Network – USA and the Sero … More

US: Second HIV is not a crime training academy creates an important intersectional shift in the US anti-HIV criminalisation movement

27 Jun 2016
The second HIV Is Not a Crime Training Academy, which took place in May at the University of Alabama, Huntsville, brought together more than 300 advocates from 34 US states, as well delegations from Canada and Mexico. Organised jointly by … More

HIV is Not a Crime Training Academy now requesting workshop submissions

17 Feb 2016
The second HIV is Not a Crime meeting, now a Training Academy, will take place between May 17 – 20, 2016 at the University of Alabama in Huntsville. The Training Academy will unite and train advocates living with HIV and … More

Mexico: Laws Criminalising HIV Transmission Are Discriminatory

30 Jun 2010
I’m republishing this excellent article from the Inter Press Service providing the first overview I’ve ever seen of the individual Mexican state’s laws that can be used to prosecute people with HIV for not disclosing before sex. So far there … More

Last reviewed 01 June 2017

Country overview

While there is no national HIV specific law on HIV non disclosure, exposure, or transmission, the Criminal Code includes two applicable offences: Article 199 Bis - Danger of Contagion and Article 315 - Aggravated Injures and Homicide. At the State level, except for the States of Aguascalientes and San Luis Potosi, all states of the United Mexican States, criminalizes the exposure to communicable diseases. A number of States including Guerrero, Chiapas (2009) and Veracruz (2015) have strengthened provisions around HIV exposure.


Country overview

While there is no national HIV specific law on HIV non disclosure, exposure, or transmission, the Criminal Code includes two applicable offences: Article 199 Bis - Danger of Contagion and Article 315 - Aggravated Injures and Homicide. At the State level, except for the States of Aguascalientes and San Luis Potosi, all states of the United Mexican States, criminalizes the exposure to communicable diseases. A number of States including Guerrero, Chiapas (2009) and Veracruz (2015) have strengthened provisions around HIV exposure.

Specific law enacted

No

Specific law detail

Specific law criminalising HIV non disclosure, exposure, or transmission: No

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: Yes

Prosecution count

0

No reported prosecutions.

Conviction count

0

No reported prosecutions.

Discussion

While there is no national HIV specific law on HIV non disclosure, exposure, or transmission, the Criminal Code includes two applicable offences: Article 199 Bis - Danger of Contagion and Article 315 - Aggravated Injures and Homicide. Mexico is a federal republic; with each of the 31 federated States and Mexico City having enacted laws within its jurisdiction which to a greater or lesser degree are independent of the national law. According to a comparative table prepared by Ricardo Hernandez Forcada , coordinator since 2004 of the HIV Program of the National Human Rights Commission of Mexico, along with Omar Feliciano Mendoza , except for the States of Aguascalientes and San Luis Potosi, all states of the United Mexican States, criminalizes the exposure to communicable diseases.

State of Guerrero

The State of Guerrero made specific mention of HIV exposure as a crime in the State’s Criminal Code, Article 195 A.:

Who knowing that have sexually transmitted diseases in infecting period, including acquired immunodeficiency syndrome, has intercourse with a person who ignores status and health risk thereof, shall be punished with imprisonment for three months to five years and fines of twenty to one hundred days of wages; without detriment subject to its placement in a medically appropriate to cease the infective period.

To married couples, prosecutions only proceed after a complaint by the offended.

 

State of Chiapas

In September 2009, various media reported reactions in Mexico and Latin America from human rights and civil society organizations categorized as Criminalization of HIV, the reform proposed and ultimately adopted in Article 444 of the Criminal Code of the State of Chiapas, which introduced the penalty of exposure to contagious STDs conditional on the infectious person has knowledge of the infection which has caused and the victim. This reform includes a paragraph that states that it is presumed that the active subject is aware of his illness, when injuries or external signs caused by it, easily discernible, or when, knowing of his condition is being treated medically. Despite opposition, the reform was approved. However, the sources tell us have not to date knowledge of cases brought to justice for this cause. Indicate that this may be through conditions of the offense: prior knowledge of the active subject and disregard for the taxpayer, often difficult to prove.

 Veracruz State

Article 158 of the Criminal Code of Veracruz State was passed in July 2015:

Whoever suffers from a sexually transmitted infection or other serious illness and willfully exposes another person will receive six months to five years in prison and a fine up to fifty days' wages .A judge will make the necessary arrangements for the protection of public health.

This 'wilful exposure' statute is vague and overly broad. Neither the actual acts, state of mind, nor defences are specified. Veracruz civil society under the name 'the Multisectoral HIV/AIDS Group', are currently working with Mexico’s National Human Rights Commission to challenge the law as unconstitutional. ·         

Prison time for HIV? It’s possible in Veracruz. El Daily Post 6 August 2015. http://www.eldailypost.com/news/2015/08/prison-time-for-hiv-its-possible-in-veracruz

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

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: Yes

Prosecutions

Number of prosecutions 0

No reported prosecutions.

Convictions

Number of convictions 0

No reported prosecutions.

Laws

Applicable laws

Estados Unidos Mexicanos Código Penal Federal. Nuevo Código Publicado en el Diario Oficial de la Federación el 14 de agosto de 1931 TEXTO VIGENTE Última reforma publicada DOF 24-06-2009. http://www.oas.org/juridico/spanish/mesicic3_mex_anexo7.pdf

Book II - Special Part

Title VII - Crimes against Health - Chapter II - The danger of contagion Article 199 Bis - Danger of Contagion
Title XIX - Crimes against life and bodily integrity - Chapter III - Common rules for injuries and homicide. 
Article 315 - Aggravated Injures and Homicide
 

Applicable key wording

Article 199 Bis - Danger of Contagion
Anyone knowing that he is ill with a bad venereal disease or with any other serious infection illness during incubation period, risking contaminating the health of another, through sexual act or through any other transmissible way, shall be liable for three days to three years imprisonment and a fine of up to forty days.
If the illness suffered should be incurable, the penalty of six months to five years in prison shall be imposed.
In the case of spouse, partner or concubines, the case shall only be prosecuted with a lawsuit from the victim.


El que a sabiendas de que está enfermo de un mal venéreo u otra enfermedad grave en período infectante, ponga en peligro de contagio la salud de otro, por relaciones sexuales u otro medio transmisible, será sancionado de tres días a tres años de prisión y hasta cuarenta días de multa.

Si la enfermedad padecida fuera incurable se impondrá la pena de seis meses a cinco años de prisión.
Cuando se trate de cónyuges, concubinas, sólo podrá procederse por querella del ofendido.

Article 315 - Aggravated Injures and Homicide
Understand that injures and homicide are qualified when those commit with premeditation, advantage, treachery, or betray.
There is premeditation ever the, offender intentionally cause an injury after had been reflectionate about the crime will be committed.
Will be presuming the premeditation exist when injuries or homicide will be committed by flood, fire, mine, bombs or explosive; by poisons or any substance harmful to health, venereal contagion, suffocation, enervating substances, or retribution given or promise, by torture, depravation cause or brutal fierceness.

Se entiende que las lesiones y el homicidio, son calificados, cuando se cometen con premeditación, con ventaja, con alevosía o a traición.
Hay premeditación: siempre que el reo cause intencionalmente un lesión, después de haber reflexionado sobre el delito que va a cometer
Se presumirá que existe premeditación cuando las lesiones o el homicidio se cometan por inundación, incendio, minas, bombas o explosivos; por medio de venenos o cualquiera otra sustancia nociva a la salud, contagio venéreo, asfixia o enervantes o por retribución dada o prometida; por tormento, motivos depravados o brutal ferocidad.

Discussion

While there is no national HIV specific law on HIV non disclosure, exposure, or transmission, the Criminal Code includes two applicable offences: Article 199 Bis - Danger of Contagion and Article 315 - Aggravated Injures and Homicide. Mexico is a federal republic; with each of the 31 federated States and Mexico City having enacted laws within its jurisdiction which to a greater or lesser degree are independent of the national law. According to a comparative table prepared by Ricardo Hernandez Forcada , coordinator since 2004 of the HIV Program of the National Human Rights Commission of Mexico, along with Omar Feliciano Mendoza , except for the States of Aguascalientes and San Luis Potosi, all states of the United Mexican States, criminalizes the exposure to communicable diseases.

State of Guerrero

The State of Guerrero made specific mention of HIV exposure as a crime in the State’s Criminal Code, Article 195 A.:

Who knowing that have sexually transmitted diseases in infecting period, including acquired immunodeficiency syndrome, has intercourse with a person who ignores status and health risk thereof, shall be punished with imprisonment for three months to five years and fines of twenty to one hundred days of wages; without detriment subject to its placement in a medically appropriate to cease the infective period.

To married couples, prosecutions only proceed after a complaint by the offended.

 

State of Chiapas

In September 2009, various media reported reactions in Mexico and Latin America from human rights and civil society organizations categorized as Criminalization of HIV, the reform proposed and ultimately adopted in Article 444 of the Criminal Code of the State of Chiapas, which introduced the penalty of exposure to contagious STDs conditional on the infectious person has knowledge of the infection which has caused and the victim. This reform includes a paragraph that states that it is presumed that the active subject is aware of his illness, when injuries or external signs caused by it, easily discernible, or when, knowing of his condition is being treated medically. Despite opposition, the reform was approved. However, the sources tell us have not to date knowledge of cases brought to justice for this cause. Indicate that this may be through conditions of the offense: prior knowledge of the active subject and disregard for the taxpayer, often difficult to prove.

 Veracruz State

Article 158 of the Criminal Code of Veracruz State was passed in July 2015:

Whoever suffers from a sexually transmitted infection or other serious illness and willfully exposes another person will receive six months to five years in prison and a fine up to fifty days' wages .A judge will make the necessary arrangements for the protection of public health.

This 'wilful exposure' statute is vague and overly broad. Neither the actual acts, state of mind, nor defences are specified. Veracruz civil society under the name 'the Multisectoral HIV/AIDS Group', are currently working with Mexico’s National Human Rights Commission to challenge the law as unconstitutional. ·         

Prison time for HIV? It’s possible in Veracruz. El Daily Post 6 August 2015. http://www.eldailypost.com/news/2015/08/prison-time-for-hiv-its-possible-in-veracruz

 

Further reading

Edwin J Bernard and Sally Cameron. Advancing HIV Justice 2: Building momentum in global advocacy against HIV criminalisation. HIV Justice Network and GNP+. Brighton/Amsterdam, April 2016. http://www.hivjustice.net/wp-content/uploads/2016/05/AHJ2.final2_.10May2016.pdf

Latest cases and news can be found at: http://www.hivjustice.net/site/news/?country=145&from-month=-1&from-year=-1&to-month=-1&to-year=-1

Estados Unidos Mexicanos Código Penal Federal. Nuevo Código Publicado en el Diario Oficial de la Federación el 14 de agosto de 1931 TEXTO VIGENTE Última reforma publicada DOF 24-06-2009. http://www.oas.org/juridico/spanish/mesicic3_mex_anexo7.pdf

Prison time for HIV? It’s possible in Veracruz. El Daily Post 6 August 2015. http://www.eldailypost.com/news/2015/08/prison-time-for-hiv-its-possible-in-veracruz


Cases

Overview

None reported.

Last reviewed 01 June 2017

Overview

Entry laws

There are no specific entry regulations for people living with HIV andAIDS (neither for immigrants nor for tourists).
Regulations in the Mexican law on foreigners consider the reason of stay and the person’s residency status. There is no reference to serostatus or HIV/AIDS as a condition. Specific regulations are online at www.inami.mx.
We have no information about specific conditions on importing antiretroviral medication for personal use.
HIV/AIDS is not grounds for expulsion.

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

Last reviewed 01 June 2017

Overview

Male-male relationships

Legal

Male-male marriage

Legal

Female-female relationships

Legal

Female-female marriage

Legal

Last reviewed 01 June 2017