Court Decisions
Immigration Victory for Transgender HIV Positive Latina (2013)
U.S. Appeals Court rejects finding that HIV renders prostitution a "particular serious crime" warranting deportation of transgender Latina Immigrant.
Case of D. v. The United Kingdom – European Court of Human Rights
The court held that the removal of a patient dying of AIDS to his country of origin, where he had no access to adequate medical treatment, accommodation, family, financial, or moral support, constituted a violation of article 3 on the prohibition of torture or inhuman or degrading treatment. The Convention explicitly affirms that foreign nationals should enjoy the same rights as citizens, particularly the right of due process, political freedoms, and equal legal protection.
Case of Kiyutin v. Russia – European Court of Human Rights
Court case in front of the European Court of Human Rights concluding that member states could not refuse foreign nationals residence permits on the basis of HIV status, as this was a violation of article 14 of the Convention which prohibited discrimination.
