Article 8 of the Saudi AIDS Prevention Law
المادة 8 من نظام الوقاية من متلازمة العوز المناعي المكتسب الإيدز وحقوق المصابين وواجباتهم
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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.
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 8 explained in plain English
This article lays down basic guarantees for a person living with the disease in daily life, and protects their right to continue education and work.
What is prohibited because of the disease?
- Preventing the person from enjoying the rights granted to them under the regulations.
- Preventing them from the right to continue their education.
- Dismissing them from their work.
The only exception: if it is proven that they deliberately transmitted infection to others. This exception has two conditions that must both be met:
- The transmission of infection must be deliberate, so error or negligence is not enough.
- The deliberateness must be proven, so mere suspicion or an allegation is not enough.
The restriction "because of the disease": what is prohibited is for the disease to be the reason for the prevention or dismissal. If the dismissal has another reason independent of the disease, this article does not address it.
Practical effect:
- An employee living with the disease may not be dismissed merely because of the infection.
- A student living with the disease may not be prevented from continuing their studies merely because of the infection.
Linked to this article is what Article 9 provides in limiting the cases in which an AIDS test may be imposed. A person who has been dismissed or prevented because of the infection may consult a lawyer who specializes in health regulations.
Practical example
An employee at a company in Jeddah is living with AIDS, and the employer learns of it and decides to end the employee's service even though no deliberate transmission of infection has been proven. Under the article, a person living with the disease may not be dismissed from work because of the disease unless it is proven that they deliberately transmitted infection to others.
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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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 8 of the Saudi AIDS Prevention Law
Can an employee be dismissed because of an AIDS infection?
No. A person living with the disease may not be dismissed from work because of it unless it is proven that they deliberately transmitted infection to others.
Can a student living with AIDS continue studying?
Yes. A person living with the disease may not be prevented from the right to continue their education because of it, unless it is proven that they deliberately transmitted infection.
Is suspicion of transmitting infection enough to dismiss a person living with the disease?
No. The text requires that deliberate transmission of infection to others be proven.
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 11
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.
لضحايا الإصابة بالفيروس أو المرض بسبب العدوى العمد أو الخطأ؛ التقدم بطلبٍ للتعويض عن ضرر الإصابة.
- 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.