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Article 9 of the Saudi AIDS Prevention Law

المادة 9 من نظام الوقاية من متلازمة العوز المناعي المكتسب الإيدز وحقوق المصابين وواجباتهم

The article bars imposing an AIDS test except in specific cases, including applicants to health colleges, health and military jobs, pre-marital checks and pregnant women, without prejudice to Article 13.

Official text (Arabic)

This article has not been amended since the law was issued.

مع عدم الإخلال بما ورد في المادة (الثالثة عشرة) من هذا النظام، لا يجوز فرض اختبار الإيدز إلا في الحالات الآتية:

1- المتقدمين للكليات والمعاهد الصحية المدنية والعسكرية.

2- المتقدمين لشغل الوظائف المشمولة بالكادر الصحي.

3- المتقدمين لشغل الوظائف العسكرية.

4- فحوصات ما قبل الزواج.

5- المرأة الحامل.

6- أي حالة يرى الوزير شمولها بالفحص بالتنسيق مع المجلس الصحي السعودي.

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 9 explained in plain English

This article lays down an important rule: as a rule, an AIDS test is not imposed on anyone, except in specific cases listed exhaustively.

Cases in which a test may be imposed:

  1. Applicants to civil and military health colleges and institutes.
  2. Applicants for jobs covered by the health personnel cadre.
  3. Applicants for military jobs.
  4. Pre-marital checks.
  5. A pregnant woman.
  6. Any case that the Minister of Health considers should be covered by testing, in coordination with the Saudi Health Council.

Without prejudice to Article 13: the article begins with the phrase "without prejudice to what is provided in Article 13," which requires the Ministry to take the necessary measures to test those coming to the Kingdom for work or residence to ensure they are free of infection, without prejudice to the procedures followed outside the Kingdom, and refers the procedures, controls and effects to the Implementing Regulations. This testing therefore exists alongside the six cases.

Practical effect: outside these cases, an AIDS test may not be imposed. For example, the article does not list among these cases ordinary private-sector jobs not covered by the health personnel cadre, unless the Minister decides to cover a particular case in coordination with the Saudi Health Council.

This article is connected to Article 8, which bars preventing a person living with the disease from their rights or from education, or dismissing them from work because of the disease, unless it is proven that they deliberately transmitted infection. A person who is asked to take a test in cases other than these may consult a lawyer who specializes in health regulations.

Practical example

A young man in Riyadh applies to a health college and is asked to take an AIDS test as an admission requirement. This is permitted under the article, because applicants to health colleges and institutes are among the cases in which a test may be imposed. His brother, who applied for an accountant job at a trading company, holds a job that is not among the cases the article mentions.

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 9 of the Saudi AIDS Prevention Law

Is an AIDS test mandatory for employment?

It may not be imposed except in specific cases, including applicants for jobs covered by the health personnel cadre and military jobs, or a case the Minister considers should be covered in coordination with the Saudi Health Council.

Is AIDS testing part of pre-marital checks?

Yes. Pre-marital checks are among the cases in which an AIDS test may be imposed.

Are people coming to work in the Kingdom tested?

Yes. Under Article 13, the Ministry takes the necessary measures to test those coming for work or residence, and the Implementing Regulations set the procedures and effects.

Articles this article refers to

More articles on AIDS Testing and Reporting Infection

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.