The obligation to disclose HIV infection may be abolished

The government has decided on a supplementary directive to the Investigation on Strengthened Future Infection Control. This may result in individuals with what is known as well-treated HIV being exempt from the obligation. At RFSL, the decision is welcomed, but they would prefer to go even further.

According to the government, the directive contains several important parts aimed at ensuring that the infectious diseases act is appropriate and proportionate in relation to the individual’s obligations to prevent the spread of infection.

“This is both important and long-awaited by many. The vast majority of people living with HIV today have well-adjusted treatment, which means that there is no risk of transmission of infection during sexual contact. Treating physicians can already exempt individuals with well-adjusted treatment from the obligation to disclose, but knowledge of and application of this possibility varies, and it is therefore important to review the obligation to disclose,” says Minister for Social Affairs Jakob Forssmed (KD).

The obligation to disclose in its current form has been in place since 1985, which means that HIV-infected individuals must disclose this to a sexual partner. But now, it may be about to change.

A revised law is welcomed by RFSL, which has long criticized the obligation to disclose, arguing that it contributes to stigmatizing HIV-infected individuals.

“It is gratifying that the government is opening up for the abolition of the obligation to disclose, a remnant from a bygone era. RFSL has been fighting to reduce the vulnerability of people living with HIV in Sweden for over 40 years, and this is an important partial victory,” says Peter Sidlund Ponkala, President of RFSL.

Wants to remove for all

They would prefer the government to abolish the obligation to disclose for all individuals living with HIV.

“RFSL wants the government to investigate the possibility of abolishing the obligation to disclose for all individuals living with HIV. The limitation that has now been made is regrettable because it stigmatizes those who lack well-adjusted treatment,” says Peter Sidlund Ponkala.

RFSL believes that removing the obligation to disclose only for individuals with undetectable virus levels would be misplaced and, according to the organization, would risk creating a false sense of security, creating unnecessary barriers for testing, and thus being counterproductive in infection control work.

The investigation is to be presented no later than January 2026.