An important step to protect the rights of people living with HIV
On March 12, 2025, the Verkhovna Rada of Ukraine adopted as a basis the draft law No. 9398, which aims to radically change the approach to criminal liability for the transmission of infectious diseases and eliminate discrimination against people with HIV.
The draft law provides for the removal of Article 130 from the Criminal Code of Ukraine, which discriminated against people based on their HIV status, imposing liability even without evidence of intentional actions or a real risk of infection.
Establishes liability exclusively for intentional infection with particularly dangerous infectious diseases in Article 121 of the Criminal Code of Ukraine (“Intentional grievous bodily harm”), which is fairer and in line with current international standards.
It ensures equal access to medical services and social guarantees for all citizens, regardless of their HIV status, helping to fight stigma and encouraging early detection and timely treatment.
The development of this draft law was preceded by a huge amount of work done by the CO “100% Life” with the support of international organizations working to combat the spread of infectious diseases, including the Global Fund to Fight AIDS, Tuberculosis and Malaria, WHO, UNAIDS, as well as the Ministry of Health of Ukraine and the Center for Public Health.
“Such changes will, first of all, put an end to unfair discrimination against people with HIV, who can now be punished for the perceived danger of HIV infection, even when their actions have not and could not lead to the transmission of the infection. Eliminating unjustified criminal prosecution will help not only protect the rights of such people, but also overcome the fear of HIV testing among members of high-risk groups. This, in turn, will increase the level of epidemic safety through early detection and timely treatment of the infection,“ emphasizes Dmytro Sherembey, Chairman of the Coordination Council of the CO ”100% Life”.
We express our special gratitude to the People’s Deputies of Ukraine Olga Stefanishyna, Oleksandra Ustinova, Oleksandr Bakumov and Mykhailo Radutskyi, as well as to all partners who actively supported this draft law.
