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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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Italy

Estimated number of people living with HIV: 140,000
Number of people prosecuted for HIV transmission: At least 3
Number of people convicted for HIV transmission: At least 3

Applicable law: Three Statutes: Aggravated bodily harm, Homicide and Attempted Homicide.

Key wording in the law: Translation of long document not available.

Discussion:

From the responses received, it appears that no precise information is available for the numbers of people prosecuted for transmitting HIV in Italy. However, Lega Italiano per la Lotta contro l’AIDS (LILA) reported being aware of at least three. LILA did not provide the full details of the three cases, but indicated that all prosecutions have been as a result of transmitting the virus through heterosexual sex.

Although LILA did not know the exact number of those facing prosecution, those charged included prostitutes and in one case, a housewife. Their occupations have been listed as prostitutes, white-collar jobs, doctors and a DJ. Although numbers of prosecution or convictions are not included, LILA suggests that there has been an increase in the numbers in the last five years.

It is not clear whether transmission of other sexually transmitted infections is subject to prosecution, but LILA indicates that hepatitis is considered a very serious infection.

A completed questionnaire was received from LILA.

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