319. Apart from helping to address the issue of overall healthcare of persons
living with HIV and ensuring prevention to stem the spread of the virus, the Law
on HIV/AIDS117 is meant to fulfill the following key objectives118 :
Eliminate all forms of stigmatization and discrimination against persons
infected with or affected by HIV/AIDS and to promote positive attitudes
among these persons ;
Encourage infected persons or affected ones to carry out their
responsibilities vis-à-vis non infected persons ;
Protect women, children, other vulnerable population and medical
personnel ;
Establish a legal framework for research into HIV/AIDS
Criminalize and administer criminal sanctions against wrong behavior.
320. The Law provides for severe sanctions for the perpetrators of the following
offences:
117
118
119
120
121
122
Discriminatory acts119 : persons found guilty shall be sentenced to
imprisonment of between 1 and 5 years and a fine of between CFAF
100.000 and CFAF 1 million. The fact that one interferes in health delivery
or HIV/AIDS control may constitute an aggravating circumstance for the
perpetrator of the act leading to the doubling of the applicable
sentence ;
Willful transmission of HIV120 : any person with knowledge about his HIV
positive status and the modes of transmission of the HIV and has
unprotected sexual relations with the aim of transmitting it to another
person shall be punished with a term of imprisonment of between 5 and
10 years and a fine of between CFAF 2 and 5 million.
Dissemination of false or wrong information on HIV and AIDS121 : any
person found guilty of spreading false or inaccurate information on
HIV/AIDS and the manager of the medium of public broadcasting who
becomes the channel of disclosure of this information shall be sentenced
to between 6 and 12 months imprisonment and payment of a fine of
between CFAF 500.000 to CFAF 2 million.
Violation of the obligation of confidentiality122 : the person who, beyond
cases permissible by law, provides or reveals the HIV/AIDS status of an
infected person shall be liable to a term of imprisonment of 6 months and
a fine of between CFAF 50.000 and CFAF 300.000. But the action at law
can be initiated only by the victim, his legal counsel or assigns. Where it
concerns a member of the medical staff, the court may order the
Law No 2010-03 of 9 April 2010.
See Explanatory Memoranda on Law No 2010-03 of 9 April 2010.
Cf. Articles 24 to 30 and 35 of Law No 2010-03 of 9 April 2010.
Cf. Article 36 of Law No 2010-03 of 9 April 2010.
Cf. Article 37 of Law No 2010-03 of 9 April 2010.
Cf. Articles 20 and 38 of Law No 2010-03 of 9 April 2010.
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