INTERIGHTS has submitted a third party intervention to the European Court of Human Rights in the case of Kiyutin v Russia. The case concerns the discriminatory treatment of HIV-positive foreign nationals in the context of immigration procedures.
The applicant is a national of Uzbekistan living in Russia and married to a Russian national with whom he has a young child. Mr Kiyutin's application for a residence permit was rejected by the Russian authorities on account of his HIV-positive status. Russian immigration law states that foreigners wishing to stay in the country long term must demonstrate that they are HIV negative. Mr Kiyutin argues a violation of the right to respect for his family life under Article 8 of the ECHR, as well as discrimination on the basis of HIV status under Article 14.
INTERIGHTS intervened to provide an analysis of the rights of individuals who are HIV positive in the context of immigration. INTERIGHTS refers to the existence of a substantial minority of countries in the world who enforce HIV-specific restrictions on foreign travellers and immigrants. They note the consensus among experts and international bodies that such measures are ineffective, unsound and even harmful from a public health perspective. INTERIGHTS express concern that such discrimination could ultimately extend to other areas such as health care and social support.
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