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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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Ireland

Estimated number of people living with HIV: 2,800
Number of people prosecuted for HIV transmission: 0
Number of people convicted for HIV transmission: 0

Applicable law: Non-Fatal Offences Against the Person Act of 1997, Section 4 and Section 13

Key wording in the law:

Non Fatal Offences Against the Person Act of 1997,

4.
1) A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence.
2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.

13.
(1) A person shall be guilty of an offence who intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to another.
(2) A person guilty of an offence under this section shall be liable -
( a ) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both.

Discussion:

From the responses received, it appears no one has been prosecuted for the transmission of HIV in Ireland. The Dublin AIDS Alliance, who also contributed to the Irish response, felt that it was only a matter of time before a prosecution was brought in Ireland, particularly since prosecutions have occurred in the neighbouring United Kingdom. They have thus initiated dialogue with their government’s advisory group on AIDS. If convicted under Section 4, a person is faced with a penalty of up to life imprisonment.

Transmission of other sexually transmitted infections is subject to prosecution.

Completed questionnaires were received from the Department of Justice, Equality and Law Reform. The Dublin AIDS Alliance also contributed information.

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