Kiyutin: Protecting the Human Rights of Persons Living with HIV/AIDS Beyond Immigration

Abstract

People living with HIV/AIDS face many difficulties. After the European Court of Human Rights’ decision in Kiyutin v. Russia, these difficulties may be fewer. Viktor Kiyutin brought his case before the court after Russia denied him a residence permit because he was HIV-positive. Although very few countries still have travel restrictions or immigration bans discriminating against people with HIV/AIDS, the court’s holding sets an important precedent. In making its decision on the basis of the anti-discrimination provision of Article 14 of the European Convention on Human Rights, the court has now brought health status within the protection of the Convention, thus prohibiting differential treatment on account of an individual’s health.