Yucatán Repeals Law That Criminalized People With HIV

Yucatán lawmakers have removed a crime from the state penal code that activists say treated people living with HIV as suspects simply because of their diagnosis.

The state Congress voted Wednesday unanimously to repeal Article 189, which defined the offense of peligro de contagio, or “danger of contagion.” The same measure updates Yucatán’s anti-discrimination law and its law on the prevention and control of HIV, AIDS, and other sexually transmitted infections.

The repeal does not leave deliberate harm unpunished. Under the new language, criminal responsibility must rest on intentional conduct that is properly proven, not on a person’s health status. Someone who knowingly infects another person can still be charged under other sections of the penal code, including the one covering bodily injury.

Years in the Making

The final text blended proposals from Morena, the PRI, and the PAN, along with input from civil society groups that had pushed for the change for years. Lawmakers credited organizations including Princesas Mayas and S3D. Yucatán’s state human rights commission had also warned that the provision amounted to criminalizing people with HIV.

Morena Rep. Clara Paola Rosales Montiel, who introduced the reform earlier this year, told colleagues that living with HIV is not a crime and should never be a reason for discrimination.

She argued that laws like Article 189 feed stigma and prejudice and end up discouraging people from getting tested and treated.

“This is not about ceasing to protect society,” Rosales said. “It is about protecting it in a more humane way, with a human rights perspective.”

When she first presented the bill, Rosales noted that Yucatán ranks third in Mexico for HIV incidence.

PAN Rep. Itzel Falla Uribe backed the measure but said the vote should not be the finish line. She pointed to complaints this year about shortages of antiretroviral drugs and difficulty getting care.

“Rights are guaranteed with a budget,” Falla said. She urged fellow lawmakers to make sure the 2027 state budget covers medicine, staff, and treatment without interruptions.

PRI Rep. Gaspar Quintal Parra said the changes aim to give people with HIV medical care free of prejudice, confidentiality about their diagnosis, job opportunities, and dignified treatment.

Morena Rep. Bayardo Ojeda Marrufo spoke about the stigma gay men have carried since the start of the epidemic.

“For more than 40 years, we were stigmatized with the idea that because we were gay, we already had HIV or AIDS,” he said. He added that anyone can acquire the virus, and that modern treatment allows people with HIV to live full lives.

Groups such as Fundación BAI in Mérida have long argued that fear keeps people from testing. The organization offers free, confidential rapid HIV tests across the Peninsula.

Yucatán joins a growing list of places rewriting these laws. According to UNAIDS, reforms have passed in parts of Mexico and the United States, among other countries. Several U.S. states, including Maryland and North Dakota, repealed their HIV-specific criminal laws in 2025.

In the same session, legislators also approved, 20 to 15, a federal constitutional amendment requiring candidates for president or governor to give up any second nationality before registering. Coverage of the full session also details upcoming disability-rights forums across the state.