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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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Iceland

Estimated number of people living with HIV: Less than 500
Number of people prosecuted for HIV transmission: 0
Number of people convicted for HIV transmission: 0

Applicable law: General Penal Code, no. 19/1940, Section 175 and possibly Section 220(4)

Key wording in the law:

Section 175:

Anyone who brings about the danger that a contagious disease originates or spreads among the public by violating legal instructions respecting protection against contagious diseases or precautionary rulings by the authorities relating thereto shall be subject to imprisonment for up to 3 years. The penalty may, however, become imprisonment for up to 6 years in case of a disease, which the authorities have made special arrangements to obstruct or prevent from reaching this Country.

In case an offence in accordance with the present Article be committed through inadvertence, this will be subject to fines or imprisonment for up to 6 months.

Section 220(4):

Imprisonment of up to 4 years shall be imposed on any person who, for motives of gain, or in high spirits or in another irresponsible manner, places the lives or health of others in evident danger.

Also worth mentioning is:
Act no. 19/1997 on Communicable Diseases:
Section III. General measures against communicable disease
1. Obligations of the individual
Art. 7. It is incumbent upon everyone to take all precautions against communicable disease, and to do one’s best avoid to infecting oneself or others, as far as possible.

Discussion:

From the responses received, it appears no one has been prosecuted for the transmission of HIV in Iceland. The Ministry of Justice cited the first two laws as the ones applicable, but the Icelandic Centre for Infectious Diseases added the 1997 Act to the list. The 1997 Act also gives powers to the authorities to isolate anyone who does not follow the rules on contact with others.

Transmission of other sexually transmitted infections is subject to prosecution under the same laws.

Completed questionnaires were received from AIDS Organisation of Iceland, the Icelandic Human Rights Centre, and The Centre for Infectious Diseases and the Ministry of Justice.

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