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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
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Georgia

Estimated number of people living with HIV: 3,000
Number of people prosecuted for HIV transmission: 1
Number of people convicted for HIV transmission: 1

Applicable law:Georgian Law on HIV/AIDS Prevention and Control, 2001. Article 9

Key wording in the law:

Article 9. Duties and responsibilities of PLWHA for spreading HIV/AIDS

1. HIV-infected person is obliged to take measures of avoiding spreading HIV/infection.
2. All HIV-infected persons, who is applying for medical assistance, is obliged to inform (warn) healthcare facilities or each medical worker about his/her HIV-status.
3. All HIV-infected persons using services in public service establishments, where exists real danger of skin and mucous membrane exposure and threaten of HIV-infection to other person, is obliged to warn serving personal about his/her HIV status.
4. To make intention real danger to affect other person with HIV-infection or other person through the individual, who knows about his/her disease, is prosecuted by the Criminal law according active legislation.

Discussion:

From the responses received, it appears one person has been prosecuted for transmitting HIV in Georgia. This prosecution led into a conviction. Section 1 of Article 9 creates an obligation for the person living with HIV to avoid spreading the virus. Section 4 confirms that transmission of HIV will be prosecuted, but it also suggests that other laws will be used to bring that prosecution (i.e. transmission of HIV will be punished according to appropriate active legislation).

The one person convicted was male, of Georgian nationality and unemployed. Mode of transmission of the virus was sharing injecting equipment for drug use.

It appears that exposing another person to the danger of HIV infection is also subject to prosecution.

Transmission of other sexually transmitted infections is not subject to prosecution; laws have been drafted but have still to be reviewed by the Georgian parliament.

A completed questionnaire was received from the Georgia AIDS Center.

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