Azerbaijan
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Restrictions on short-term stays which in most cases is defined as under 90 days.
- Restrictions on long-term stays which in most cases is defined as over 90 days.
The types of restriction are:
- HIV testing/disclosure required for work visa.
- HIV testing/disclosure required for study visa.
- HIV testing/disclosure required for residence.
- Ban on work.
- Ban on study.
- Ban on residence.
- Deportation based on HIV status.
Restrictions on entry to Azerbaijan
Sources are mixed on whether Azerbaijan imposes entry restrictions on people living with HIV.
According to UNAIDS and the US Department of State, Azerbaijan deports non-nationals on the basis of HIV status.
However, information available on the Republic of Azerbaijan Official Electronic Visa Portal is not clear about those restrictions, and it is unclear whether there is a total ban on entry of people living with HIV, or only a ban on staying in the country.
Restrictions on short-term stay in Azerbaijan
We are aware of some official restrictions on short-term stay of people living with HIV in Azerbaijan.
According to UNAIDS and the US Department of State, Azerbaijan prohibits short-term stay on the basis of HIV status and requires HIV testing/disclosure for certain types of visas.
HIV testing is required to apply for a temporary residence permit and must be performed at designated clinics in Azerbaijan.
Among the documents required by the State Migration Service to apply for a temporary residency permit is a ‘reference certifying that the person is not carrier of a virus of any disease included in the list of dangerous infectious diseases approved by the relevant executive authority.’
Restrictions on long-term stay in Azerbaijan
We are aware of some official restrictions on long-term stay of people living with HIV in Azerbaijan.
According to UNAIDS and the US Department of State, Azerbaijan prohibits long-term stay on the basis of HIV status and requires HIV testing/disclosure for certain types of visas.
HIV testing is required to apply for a permanent residence permit and must be performed at designated clinics in Azerbaijan.
Among the documents required by the State Migration Service to apply for a permanent residency permit is a ‘reference certifying that the person is not carrier of a virus of any disease included in the list of dangerous infectious diseases approved by the relevant executive authority.’
Historic regulations in Azerbaijan
The following summarises available information on access to healthcare for people living with HIV in Azerbaijan.
According to IOM, all migrants, regardless of their migration status, are granted access to all government-funded health services under the Law on Health Insurance (1999), but they might pay higher insurance premiums than nationals as not all migrants are entitled to enrolment in the compulsory medical insurance scheme. The exception to this is those who have received refugees status in Azerbaijan and have been taken under the protection of the representation of the Office of the United Nations High Commissioner for Refugees in Azerbaijan (Article 15.2.1).
However, urgent and emergency medical care, primary healthcare, emergency oncological care, and treatment of HIV infection for non-nationals and stateless persons permanently residing in the territory of Azerbaijan are provided.
Treatment access in Azerbaijan
The following summarises available information on access to healthcare for people living with HIV in Azerbaijan. There is some evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
All migrants, regardless of their migration status, have access to all Government-funded health services on the same basis as nationals. Under the Constitution of Azerbaijan (1995), ‘Everyone has the right to health protection and medical aid’ (Article 41). However, migrants might pay higher insurance premiums than nationals as not all migrants are entitled to enrolment in the compulsory medical insurance scheme. The compulsory universal insurance system entitles Azerbaijani nationals to free health care at public institutions, as well as fixed prices for services at private institutions. Under the Law on Health Insurance (1999), foreigners and stateless persons who have received refugee status in Azerbaijan and have been taken under the protection of the representation of the Office of the United Nations High Commissioner for Refugees in Azerbaijan are registered in the compulsory health insurance scheme on the same basis as nationals (Article 15.2.1). The Law on Health Insurance states that migrants have the same rights and obligations as citizens regarding voluntary health insurance, but they are not eligible for compulsory insurance. Migrants who are not covered by compulsory insurance can obtain private insurance or pay out of pocket for care. Urgent and emergency medical care, primary health care, emergency oncological care, and treatment of HIV infection for foreigners and stateless persons permanently residing in the territory of Azerbaijan are provided. Medical care is also provided to individuals who have received refugee status, including specialized medical assistance and psychological assistance, with funding from the Government.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
Visit the Azerbaijan page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | No |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Migrants are able to access HIV services | Yes |
Refugees and asylum seekers
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.
