Is an HIV-positive individual obligated to disclose their status to sexual partners? Are there legal provisions for this in different countries and regions?

Friend, the question you've raised is indeed very important and carries significant weight. It’s not something that can be simply answered with a "yes" or "no," as it touches on multiple layers including ethics, emotions, personal responsibility, and law. Let’s break it down for clarity.

From a Moral and Personal Responsibility Standpoint

From this perspective, the vast majority agree that people living with HIV have an obligation to inform their sexual partners.

This is primarily based on the following points:

Respect and the Right to Know: Everyone has the right to be aware of health risks they might face. Your partner deserves to make informed decisions about continuing the relationship or engaging in sexual activity. This is a fundamental aspect of respect.
Preventing Transmission: Disclosure is a crucial part of preventing HIV transmission. While effective prevention tools exist (like condoms and PrEP), informing partners enables them to actively participate in protecting themselves, fostering shared responsibility.
Building Trust: Healthy relationships are built on trust and honesty. Concealing one's health status, if discovered, can be devastating for the relationship. Better to get it over with quickly than suffer a lingering pain – although difficult, openness is the only way to maintain trust.
Easing Psychological Burden: For the person living with HIV, keeping this secret is also a tremendous psychological burden. Disclosing carries the risk of rejection, but it also allows you to shed this weight and face your partner and life more authentically.

Of course, disclosure is extremely difficult. People fear discrimination, rejection, and misunderstanding. These fears are real and deserve understanding and compassion. However, they cannot justify transferring risk to another person.

From a Legal Perspective

This is more complex because laws vary drastically across countries and regions. There is no single global standard.

Consider these examples to understand the differences:

In Mainland China

According to China's "Regulations on AIDS Prevention and Treatment," the law explicitly states:

"HIV-infected individuals and AIDS patients shall not deliberately spread AIDS by any means."

How is "deliberately" interpreted? In judicial practice, if someone knowingly withholds their status, engages in sex without informing their partner and without using any protective measures (e.g., condoms), thereby exposing the partner to infection risk, it may be deemed "intentional transmission."

If transmission occurs, this could constitute the crime of intentional injury. Even without transmission, such behavior may carry legal risks. Therefore, in China, the legal risk of non-disclosure is quite high.

In Other Countries and Regions

HIV Criminalization: Many countries, particularly in North America (e.g., numerous US states, Canada) and parts of Europe, have specific laws. These typically mean that if an HIV-positive person knowingly fails to disclose their status to a sexual partner and exposes them to risk (even if transmission doesn't occur), it might constitute a criminal offense. Charges range from public endangerment to assault, or even attempted murder.
Controversy and Legal Change: These laws are highly contentious. Critics argue that HIV criminalization fuels stigma, discourages testing, and ultimately hinders HIV control. Consequently, some jurisdictions (e.g., Illinois, California in the US) have recently repealed, modified these laws, lessened penalties, or made "intent to transmit" a key element for conviction.
Regions Without Specific Laws: Some countries lack specific HIV transmission laws, treating cases under general criminal laws concerning bodily harm or assault.

In summary, the overarching legal trend is: if you "knowingly and recklessly" fail to disclose and take no precautions, thereby placing another at risk, you face serious legal liability.

A Crucial Modern Concept: U=U

Discussing this topic requires mentioning U=U, which is reshaping the landscape.

U=U stands for Undetectable = Untransmittable.
This is a globally scientifically validated fact: When a person living with HIV adheres to antiretroviral therapy (ART, "being on meds"), their viral load drops to an "undetectable" level in standard blood tests (specifically, consistently below 200 copies/mL). At this point, they cannot transmit HIV sexually to their sexual partners.

U=U complicates the legal and ethical debates. If someone achieves and maintains an undetectable viral load, scientifically eliminating transmission risk from sex, does a legal or moral "duty" to disclose still exist?

This question is currently the subject of intense legal debate. Some jurisdictions are beginning to recognize U=U as a relevant factor in defence arguments, but this is not universal.

To Summarize

Morally/Responsibility-Wise: Strongly advise disclosure. It's an act of respect for your partner and foundational for maintaining trust and a healthy relationship.
Legally: Risk is high and varies by location. In most places, engaging in sex knowingly without disclosing your status and without protection carries significant legal risks. Avoid complacency.
Scientifically: U=U is a game-changer. Achieving and maintaining an undetectable viral load through treatment protects your own health and scientifically prevents HIV transmission to partners through sex.
The safest approach always combines: Honest communication, consistent condom use, and adherence to treatment. This triad represents the most responsible approach for both you and your partner.