Returned to Risk - Deportation of HIV-Positive Migrants
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Since the emergence of the HIV epidemic in the 1980s, migrant populations have repeatedly been recognized by the international community as a vulnerable group in the risk, spread, and prevention of HIV/AIDS. Some countries, embracing an anti-migrant approach, have even sought coercive measures to try to keep infected foreigners out of their borders, through HIV-related restrictions on entry, stay, and residence. Either as a result of HIV-related restrictions on entry, stay, and residence, or as part of deportation proceedings commenced on unrelated grounds, HIV-positive migrants may be taken into custody and detained pending outcome of an immigration case or deportation. In such circumstances, international law has developed a framework that broadly protects the right to health of persons deprived of their liberty. States have an obligation to ensure medical care for detainees, including immigration detainees, at least equivalent to that available to the general population.
Building on Chronic Indifference and Bad Dreams, this report considers the deportation of HIV-positive migrants from countries worldwide. Under certain circumstances, international law prohibits deportation or permits protection from deportation of persons living with HIV. National governments need to broadly reconsider the deportation of HIV-positive individuals under the international law principle of non-refoulement and additional human rights and humanitarian law provisions to ensure that HIV-positive individuals are not returned to circumstances where treatment and social support are inadequate, the return to which would put them at risk of inhuman or degrading treatment. Furthermore, Human Rights Watch, Deutsche AIDS-Hilfe, the European AIDS Treatment Group, and the African HIV Policy Network urge states to ensure deporteesâ continuous access to treatment as a matter of good practice.
- Författare:
- Human Right Watch har, Deutsche AIDS-Hilfe, the European AIDS Treatment
- Utgiven av:
- Human Rights Watch
- Ã
r:
- 2009
- Typ av publikation:
- Rapport
- Språk:
- Engelska
- Filstorlek:
- 208 kB
- : 1-56432-534-2
- Länk:
- Returned to Risk - Deportation of HIV-Positive Migrants
Senast uppdaterad: 2009-10-20 Sidansvarig: Redaktionen