El Salvador
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to El Salvador
We found no evidence of any official restrictions on entry to El Salvador based on HIV status.
According to the US Department of State and UNAIDS, there are no entry restrictions based on HIV status.
The Regulation of the Special Law on Migration and Foreigners sets out the requirements for the application for consular and consulted visas in its Articles 32 and 33. None of those documents makes reference to HIV or the general health of the applicant.
The Regional Agreement on Migratory Procedures (Convention CA-4), applicable to non-nationals of Guatemala, El Salvador, Honduras and Nicaragua, does not establish any criteria related to the health of persons to prevent their entry.
Restrictions on short-term stay in El Salvador
It is unclear whether El Salvador imposes restrictions on short-term stay of people living with HIV.
The Regulation of the Special Law on Migration and Foreigners sets out the requirements for the application for residence (Art.138), temporary residence (Art.153), seasonal workers (Art.154), cross-border workers (Art.158), business persons (Art.163) and other categories of temporary residents. Each of these articles contain a list of supporting documents that should be included with the visa application and none of those documents makes reference to HIV or the general health of the applicant.
However, according to Article 49 of the Ley Especial de Migración y Extranjería (Special Law on Migration and Foreigners), the Directorate General shall cancel the authorisation of stay and residence of foreigners, when among other criteria, it puts at risk or endangers public health. It is not clear whether this could include HIV status.
Restrictions on long-term stay in El Salvador
We found no evidence of any official restrictions on long-term stay in El Salvador based on HIV status.
However as above, according to Article 49 of the Ley Especial de Migración y Extranjería (Special Law on Migration and Foreigners), the Directorate General shall cancel the authorisation of stay and residence of foreigners, when among other criteria, it puts at risk or endangers public health. It is not clear whether this could include HIV status.
Historic regulations in El Salvador
On 22 March 2004, the General Direction of Migration and Foreign Nationals repealed existing regulations requiring HIV testing for temporary and permanent residency permit applicants.
Migration law 2772 of 1958 included among the criteria for prohibiting a person from entering Salvadoran territory that such person ‘suffers from contagious diseases’ (Article 10). Likewise, Article 36 of this law established that in order to obtain a definitive residence permit, it was necessary to present a ‘health certificate issued by a doctor of recognised honour, stating that he/she does not suffer from infectious-contagious diseases’, among other requirements.
However, Ley Especial de Migración y Extranjería (Special Law on Migration and Foreigners) was published in the official gazette in April 2019, and thus – according to Article 345 – repealed the 1958 law.
Treatment access in El Salvador
US Department of State advises that antiretroviral medication with a prescription can be imported for personal use and for the duration of stay.
According to this presentation by the government of El Salvador, in compliance with its commitments as a State Party to the Convention on the Human Rights of Migrant Workers and their Families, it provides access to health services for migrants, including testing and access to antiretroviral treatment.
IOM reports that all migrants in El Salvador may access the services available within the National Public Health System, irrespective of their migration status. Similarly, the National Health Promotion Policy (2022) promotes non-discrimination by nationality, allowing migrants equal access to health services. Furthermore, the Law on Growing Together for the Comprehensive Protection of Early Childhood, Childhood and Adolescence (Decree No. 431 of 2022) encompasses the rights of all children and adolescents, regardless of nationality.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
Visit the El Salvador 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 | Yes |
| 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.
