Myanmar

Last reviewed 01 June 2017

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: No

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Penal Code 1860

Applicable key wording

Negligent act, Malignant act

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-/


Cases

Overview

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017