Published by:
Deanship of Scientific Research
Al-Ahliyya Amman University, Amman, Jordan

ISSN (Print Version): 1684-0615

ISSN (Online Version): 2616-2814

The Criminal and Civil Liability of HIV/AIDS Patient for Transmitting the Disease


Volume 22, Issue No 2, 2019

Number of Views:


Pages: 173 - 193


Abstract


AIDS/HIV is perceived as one of the greatest scourge of our times. The Jordanian criminal law has addressed the transmission of HIV/ AIDS to others based on incidental conditions that are related to aggravating circumstances of offences against public moralities. The guilty shall be liable to a penalty of life imprisonment with hard labor in case the disease is transmitted to the victim. The law does not deal with crime of transmitting the disease as an independent case; however, it associates it with “honor crimes”. The current study aims to explore the strengths and weaknesses in the Jordanian legislation and remedy the legislative deficiencies to protect the lives of individuals from this deadly disease. The research also aims to illustrate the criminal and civil liability for transmitting the disease by the infected to others. One of the key findings and recommendations that the study concluded is that the Jordanian Penal Code and the Public Health Law should be amended to criminalization of deliberate or accidental transmission of HIV/AIDS. The code should ensure equality of punishment in the event of death or infection. The study includes three parts: the first part highlights the disease of HIV/AIDS, the second part presents the criminal liability for transmitting the disease and the third part shows the civil liability for the transmission of HIV/AIDS.


Author Details



Keywords


AIDS/HIV, Criminal liability, Civil liability.

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