Date Type Case No Country 05/05/11 TZA 1/2011 AL United Republic of Tanzania Mandate(s) Summary of the allegation transmitted Health Alleged adverse consequences of the HIV and AIDS (Prevention and Control) Act of 2008. According to the information received, despite the prohibition of a compulsory HIV testing, the abovementioned Act allows for mandatory testing without prior consent under certain circumstances. The Act allegedly also allows the results of an HIV test to be released to a spouse or sexual partner. The Act’s provision to criminalize HIV transmission on the basis of intent reportedly fails to distinguish between mala fide and negligent transmissions. It is further alleged that the Act could undermine HIV prevention and treatment efforts by discouraging people from getting tested, and could make women more vulnerable to persecution than men as the former could also be charged for HIV transmission to their children. Given the HIV-related stigma and discrimination, it is alleged that criminal sanctions could be directed disproportionately against those who are socially and/or economically marginalized. Reply A/HRC/18/51 103