The spread of the disease of HIV has been decreased since the promotion and protection of human rights. In Tunisian law, patient infected by HIV, as every citizen, enjoys of all his rights without any discrimination, including the right to life and dignity, the right to care access, the free choice of doctor, the right to be informed and consent before any health care and specially the right to medical confidentiality. The Code of patients rights and the law no° 2007-12 of 12 February 2007 supplementing the law no° 92-71 of 27 July 1992 related to transmitted diseases ensure the protection and the respect of these rights. However, law requires a great sense of responsibility from patients and obliges them to avoid any unconscious behavior that can risk transmission of the disease. But, the application of these laws raises always many ethical problems that need reflexions.