Negligence of premarital medical screening, deception in its results, and transmission of sexually transmitted infections (STIs)

Abstract

This study offers a critical examination of the transmission of sexually transmitted disease (STDs) to one spouse due to either deceit or negligence regarding the premarital medical examination—a serious issue that the Algerian legislator has failed to effectively address, despite an awareness of its gravity and repeated attempts to resolve it. Our findings suggest that addressing the root cause of this issue requires closing the clear loopholes in the current marriage registration system, which allow the premarital medical examination to be bypassed or ignored. We argue that the state should monopolize the authority to officiate the religious marriage contract—just as it holds the authority to register it—by consolidating both processes into a single official marriage session. This reform would effectively end the duality that characterizes the marriage system in Algeria. Keywords: Marriage, Medical Examination, Infection, Sexually Transmitted Disease (STD), Criminal Liability.