Article 11 of the Saudi AIDS Prevention Law
المادة 11 من نظام الوقاية من متلازمة العوز المناعي المكتسب الإيدز وحقوق المصابين وواجباتهم
The article gives victims of infection with the AIDS virus or disease through deliberate or mistaken transmission the right to apply for compensation for the harm of the infection.
Official text (Arabic)
This article has not been amended since the law was issued.
لضحايا الإصابة بالفيروس أو المرض بسبب العدوى العمد أو الخطأ؛ التقدم بطلبٍ للتعويض عن ضرر الإصابة.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 11 explained in plain English
This article establishes the right to compensation for a person infected with the virus or the disease as a result of infection transmitted to them by someone else.
Who has this right? Victims of infection with the virus or the disease. Note that the article covers both cases:
- Infection with the virus, that is, the person becomes a carrier even if no symptoms have appeared.
- Infection with the disease.
When does the right arise? If the infection is due to transmission that was:
- Deliberate: that is, a person transmits infection on purpose.
- Or mistaken: that is, infection is transmitted because of an error, such as negligence or shortcoming, without intent.
It is therefore not required that the transmission be deliberate for the victim to be entitled to apply for compensation.
What does the article grant? The right to apply for compensation for the harm of the infection. The article does not specify the amount of compensation, the body to which the application is submitted, or its procedures, and it grants the right to apply; whether compensation is awarded and its amount depend on the competent body's consideration of the application.
Relation to other articles: this article is connected to Article 10, which requires respecting the rights of members of society to protection from infection with the virus; compensation here is a means of protecting those whose right was violated. Article 12 follows with a special provision on deporting infected residents who have no outstanding claims after their rights are settled.
A person infected through deliberate or mistaken transmission would be well advised to consult a lawyer who specializes in civil cases and compensation to assess their situation.
Practical example
A woman in Riyadh is infected with the AIDS virus after a medical procedure, and it emerges that the cause was a mistake in sterilizing the instruments. Under the article, as a victim of infection through mistaken transmission, she is entitled to apply for compensation for the harm of the infection.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 11 of the Saudi AIDS Prevention Law
Can I claim compensation if I contracted AIDS through a medical error?
Yes. Victims of infection with the virus or the disease through deliberate or mistaken transmission may apply for compensation for the harm of the infection.
Must the disease have appeared to claim compensation?
No. The article covers victims of infection with the virus or the disease.
What is the amount of compensation for AIDS infection?
The article does not specify an amount. It gives the victim the right to apply for compensation for the harm of the infection.
More articles on Rights of People with AIDS and Non-Discrimination
- Article 4
The article prohibits any health body from refusing to provide the necessary medical care to any infected person because of the infection.
لا يجوز لأي جهة صحية الامتناع عن تقديم الرعاية الطبية اللازمة لأي مصاب بسبب إصابته.
- Article 6
The article requires necessary health care for a pregnant woman living with the virus and her fetus, and bars forcing her to abort or depriving her of custody or care of her children because of her infection.
تقدم الرعاية الصحية اللازمة للمرأة الحامل المصابة ولجنينها, ولا يجوز إجبارها على الإجهاض أو حرمانها من حضانة أطفالها أو رعايتهم بسبب إصابتها.
- Article 8
The article bars preventing a person living with the disease from their legal rights or from continuing their education, or dismissing them from work, because of the disease, unless it is proven that they deliberately transmitted infection to others.
لا يجوز منع المصاب من التمتع بالحقوق المقرة له بموجب الأنظمة، أو منعه من حق متابعة تعليمه، أو فصله من عمله بسبب مرضه؛ إلا إذا ثبت تعمده نقل العدوى إلى غيره.
- Article 21
The article bars any act or omission that constitutes discrimination against persons living with AIDS and leads to degrading their dignity, curtailing their rights or exploiting them because of their infection.
يحظر كل فعلٍ أو امتناعٍ يشكل تمييزاً ضد المصابين ويؤدي إلى الحط من كرامتهم أو الانتقاص من حقوقهم أو استغلالهم بسبب إصابتهم.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.