What you need to know:
The CDMX Congress announced that they will eliminate the crime “Danger of contagion” from the local Penal Code so as not to criminalize people with HIV.
Applause! The CDMX Congress announced with great fanfare on the afternoon of this Monday, January 8, 2024 that The crime “Danger of Contagion” is eliminated to no longer criminalize people with HIV in the country’s capital. Yes, this term will no longer be used in the capital’s laws.
CDMX eliminates “Danger of Contagion”
It was through his official social networks, such as his “X” account, that the CDMX Congress reported this Monday afternoon that The figure “Danger of Contagion” is eliminated in the local Penal Code.
That’s how it is; the capital legislators decided to make this decision to prevent this legal term from criminalizing people with HIV/AIDSso some modifications must be applied to the Penal Code of Mexico City.
What is the “Danger of Contagion” and why was it so important to eliminate it?
The “Danger of Contagion” is a crime that appears in the Penal Code for the Federal District in Article 159 and that talks about him “contagion” of diseases.
“Anyone who, knowing that he or she suffers from a serious illness in an infectious period, puts the health of another in danger of contagion, through sexual relations or other transmissible means, as long as the victim is not aware of that circumstance, will be sentenced to three months in prison.” to three years and a fine of fifty to three hundred days.”, read in this article.
Yes, this alleged crime contemplated sentences of up to 10 years if the disease was considered “incurable”.
In this regard, here at . we had already contacted the National Human Rights Commission (CNDH) to explain a little more about this issue. and they told us that the situation could be divided into three different points:
- First of HIV is not caught, it is transmittedthat although the words may be similar, the distinction of the transmission routes (blood, gestation or sexual) It is important to speak correctly about the situation.
- Second, it is worth taking into account that Many people live in Mexico without knowing that they have HIV because of how infrequent the tests are.
- And third, that… “That figure (‘Danger of Contagion’), in addition to the fact that it is wrong from the title, it bets on the punitive because it criminalizes living with HIV or worse, if you didn’t know, they might put you in jail.”.
The CNDH explained all this to us that time in a consultation we asked them to find out the arguments that civil society and academia raised against the crime that today, finally, is eliminated from the CDMX Penal Code.
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