People living with HIV should not face discriminatory or unnecessary barriers to their freedom of movement.
States that erect entry barriers for people with HIV justify their policies as necessary to protect public health and the public purse. But HIV is not communicable through casual contact. Thus, the United Nations has stated that “there is no public health rationale for restricting liberty of movement or choice of residence on the grounds of HIV status.”
We analyze Canadian and international immigration policies and laws, and work with governments and advocacy groups to ensure that those laws respect the human rights of people living with HIV.
Where people living with HIV face persecution in their countries of origin, or where they seek to be reunited with family members, humanitarian concerns and international law should and often do compel countries to admit them.
The HIV Legal Network promotes the human rights of people living with HIV or AIDS and other populations disproportionately affected by HIV and criminalization, in Canada and internationally. In 2021, we undertook a planning process that would shape the strategic goals and priorities for the organization’s next five years (2022-2027). To do this, we sought … Read more
In 2021, the HIV Legal Network undertook a planning process that would shape the strategic goals and priorities for the organization’s next five years (2022-2027). To do this, we sought the input of a broad range of stakeholders, from partner organizations to people living with and affected by HIV and criminalization, to staff. All identified … Read more
Respect. Protect. Fulfill. You can help challenge wrongs, advance rights, and transform lives. Denied basic healthcare. Criminalized and vilified for love. Unfairly targeted by police. These abuses, and more, are too often the experience of people living with HIV and of communities affected by HIV. At the HIV Legal Network, our mission has always been … Read more
Seizing the moment to push for concrete and lasting change.
Guided by the past and working toward the future as we challenge wrongs, advance rights, and transform lives.
In the face of the global COVID-19 pandemic, law- and policymakers are taking and contemplating drastic measures to minimize the spread of the virus. But hasty and broad punitive measures may perversely undermine public health objectives while also violating human rights — so it is essential that any measures be appropriately narrow and comply with … Read more
Today, after years of advocacy by HIV, disability and migrant rights organizations, the Minister of Immigration, Refugees, and Citizenship announced changes to the rules that exclude would-be residents of Canada based on projected “excessive demand” on health and social services. These changes, however, fall far short of the full repeal of the current flawed, discriminatory … Read more
OTTAWA, March 27, 2018 – Today, Maurice Tomlinson, Senior Policy Advisor with the Legal Network, spoke to the House of Commons Standing Committee on Citizenship and Immigration about his personal experience of immigrating to Canada and shared recommendations for improving the process for LGBTQ refugee claimants. Click below to download the text of his oral … Read more
“By some estimates, approximately 400 million LGBT persons live under the threat of criminal imprisonment or even death in their home country. The Immigration and Refugee Board (IRB) is faced with thousands of refugee claimants each year trying to escape persecution in their home country simply because of their sexual orientation, gender identity or gender expression. While strides have been made to improve the cultural sensitivity of IRB members, more could be done to enhance the cultural competence of IRB members—charged with making decisions about the lives of LGBT persons seeking asylum in Canada.”
The Canadian HIV/AIDS Legal Network stands in support of the Private Member’s Bill to repeal Section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA)—which we called for before the Standing Committee on Citizenship and Immigration last November. We hope that Parliamentarians from all parties will vote in favour of this proposal.