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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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Switzerland

Estimated number of people living with HIV: 13,000
Number of people prosecuted for HIV transmission: More than 30
Number of people convicted for HIV transmission: More than 20

Applicable law: Swiss Penal Code: Articles 122 and 231

Key wording in the law:

Grievous bodily harm (Art. 122 of the Swiss Penal Code)

Anyone who intentionally injures a person in a life-threatening way, anyone who mutilates a body, an important organ or a limb or who makes an important organ or limb of a human being useless, anyone who makes a person incapable of working, fragile, or insane, anyone who deforms a human being’s face in a severe and permanent way. Anyone who causes intentionally another grievous injury to a human being’s body or his/her physical or mental health shall be punished with penitentiary or prison from six months up to five years.

Spreading of human diseases (Art. 231 of the Swiss Penal Code)

1. Anyone who intentionally spreads a dangerous transmittable human disease shall be punished with prison from one month up to five years. If the offender has acted out of a mean attitude, the punishment will be penitentiary up to five years.
2. If the offender has acted out of negligence, the punishment shall be prison or he/she shall be liable to a fine.

Discussion:

From the responses received, it appears more than 30 people have been prosecuted for HIV transmission in Switzerland. Of these, more than 20 have been convicted. The first prosecution for HIV transmission was brought in 1988. It is estimated that five people were prosecuted between September 2003 and September 2004 and that about four of those were convicted. According to Aids-Hilfe Schweiz, this marks an increase in the rate of prosecutions.

Precise numbers are not given for the gender split, but more men than women have been prosecuted. Most of those prosecuted transmitted the virus through heterosexual sex. There have been a few prosecutions for infection through homosexual sex. No information was provided about the nationalities or occupations of the people convicted. However, Aids Hilfe Schweiz suggested that the majority were Swiss nationals. According to Groupe Sida, several African men have also been convicted. These have often been deported from Switzerland after imprisonment.

Transmission of other sexually transmitted infections and hepatitis C is also subject to prosecution.

Completed questionnaires were received from Aids-Hilfe Schweiz and the Kanton Schaffhausen, with a contribution from Groupesida.

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