THT
Criminalisation of HIV transmission in Europe

A rapid scan of the laws and rates of prosecution for HIV transmission within signatory States of the European Convention of Human Rights
Home Introduction Research aims Methodology Results People profile Other issues Steps forward Country data Survey questionnaire Comment Download report GNP + Europe Terrence Higgins Trust

Bosnia and Herzegovina

Estimated number of people living with HIV: 900
Number of people prosecuted for HIV transmission: 0
Number of people convicted for HIV transmission: 0

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

Key wording in the law:

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 transmit on of un curable 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 to pay a fine or go to prison up to six months.

Discussion:

From the responses received, it appears there have there have been no prosecutions for HIV transmission in Bosnia and Herzegovina to 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 has taken the first steps in initiating a review of the legislation.

Only actual transmission of HIV to another person is subject to prosecution. Maximum sentence applicable is up to 10 years’ imprisonment.

Transmission of other sexually transmitted infections is subject to prosecution under this same law.

Completed questionnaires were received from the Ministry of Justice, WHO Bosnia, and UNICEF.

< < < Belgium

Return to country list

Bulgaria > > >

Responsibility for the accuracy and interpretation of the data rests with THT and GNP+ Europe. If you would like to provide further information for updates for this survey or make comments please go to comments.

You are free to circulate / disseminate / reproduce this information as long as the source of the original is quoted.