Things Changed: On the Justifiability of Art 21of the AIDS Act in Taiwan
Article 21 of HIV Infection Control and Patient Rights Protection Act (HIV Act) is based on the legislative intent of the repealed Article 285 of Criminal Law. In the past, medical treatment gave little help to HIV infected people. During the natural course of HIV infection, 90% HIV infected people might pass away in 10 to 12 years. Moreover, it was also rumored that someone might infect others on purpose. At that time, for the purpose of HIV prevention, there was no alternative but to restrict the right to sex liberty of HIV infected people by means of Crime of Danger in disguised form as the legislative model. However, with the improvement of medical treatment and public health measures, HIV infection is now preventable and controllable. As a consequence, using penalty on HIV infected people would violate the Principle of Proportionality. Furthermore, based on the Principles of Restraint in the Criminal Law, it is necessary to amend Article 21 of HIV Act.