Article 6 of the Saudi AIDS Prevention Law
المادة 6 من نظام الوقاية من متلازمة العوز المناعي المكتسب الإيدز وحقوق المصابين وواجباتهم
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.
Official text (Arabic)
This article has not been amended since the law was issued.
تقدم الرعاية الصحية اللازمة للمرأة الحامل المصابة ولجنينها, ولا يجوز إجبارها على الإجهاض أو حرمانها من حضانة أطفالها أو رعايتهم بسبب إصابتها.
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 6 explained in plain English
This article protects a pregnant woman living with AIDS and her children through one positive rule and three prohibitions.
The positive rule: health care
The necessary health care is provided to the pregnant infected woman and her fetus. Under Article 1, health care includes the preventive and therapeutic medical services and procedures concerning prevention, care and initial treatment of AIDS symptoms.
The prohibitions: not permitted because of her infection
- Forcing her to abort.
- Depriving her of custody of her children.
- Depriving her of care of her children.
The restriction "because of her infection": what is prohibited is for the AIDS infection to be the reason for forcing an abortion or depriving her of custody or care. The article bars the infection alone being taken as a reason for this, and it does not address the other matters that custody involves under the competent regulations.
Practical effect: an infected mother does not lose custody of her children merely because of her infection, no one may force her to end her pregnancy because of the infection, and she and her fetus have the right to health care.
This article is consistent with Article 5, which charges the National Program with activating prevention and care measures and providing treatment. A woman facing a custody dispute connected with her infection may consult a lawyer who specializes in personal status matters.
Practical example
A woman in Medina learns during her pregnancy that she is living with AIDS, and her ex-husband demands that custody of their children be transferred to him on the ground of her infection. Under the article, she may not be deprived of custody or care of her children because of her infection, she and her fetus are provided the necessary health care, and she may not be forced to abort.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentCivil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Abdullah Al-Saleh Law Office for Law and Legal Consultancy
Frequently asked questions about Article 6 of the Saudi AIDS Prevention Law
Can a pregnant woman living with AIDS be forced to abort?
No. She may not be forced to abort because of her infection.
Does a mother lose custody because of an AIDS infection?
She may not be deprived of custody or care of her children because of her infection.
Is a fetus entitled to health care?
Yes. The article provides for the necessary health care for the pregnant infected woman and her fetus.
More articles on Health Care for People with AIDS
- Article 3
The article requires health bodies to provide health care, counseling and psychological support to infected persons and respect their rights, and to combat AIDS, explain how it is transmitted, prevented and treated, and protect the community.
على الجهات الصحية تقديم الرعاية الصحية والمشورة والدعم النفسي للمصابين، واحترام حقوقهم، ومكافحة الإيدز، وبيان وسائل انتقاله، وطرق الوقاية منه، وعلاجه، والتوعية
- 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 5
The article tasks the National Program with activating prevention, care and treatment and designating reference laboratories, and requires health bodies to send suspected samples to them and to report all infected cases to the Ministry confidentially.
1- يقوم البرنامج الوطني - بالتنسيق مع الجهات الصحية الأخرى - بتفعيل إجراءات الوقاية والرعاية والتأهيل، وتحديد المختبرات المرجعية للتشخيص، والتثبت من الإصابة بال
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.