Overview
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.
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HIV Legal Network Comments – UN Special Rapporteur on contemporary forms of racism
This submission responds to key questions that the UN Special Rapporteur on contemporary forms of racism has raised in support of her upcoming visit to Canada. Our responses focus on people who use drugs, sex workers, people without permanent residence or citizenship, and people living with HIV in Canada.
Video – Hard Time Persists – Immigration
Everyone — including people who have been detained — has a right to the highest attainable standard of health and to healthcare that is at least equivalent to that which is available in the community, whatever their immigration status. The current system — which allows for indefinite and punitive detention without comprehensive oversight — fails … Read more
NEW RULES IMPACTING REFUGEE CLAIMS
IMPORTANT LEGAL UPDATE REGARDING REFUGEE CLAIMS IN CANADA On March 26, 2026, the government of Canada passed a new law called Strengthening Canada’s Immigration System and Borders Act. Among the serious changes, the new law significantly limits who can make a refugee claim in Canada. NEW RULES IMPACTING REFUGEE CLAIMS One-year limit to making a … Read more
Know Your Rights – ACCESSING HEALTHCARE WITHOUT PERMANENT RESIDENCE OR CITIZENSHIP IN CANADA
The information contained in this publication is about the law but is not legal advice. For legal advice, please contact a lawyer. If you are in Canada, contact an organization serving immigrants and refugees, or an AIDS service organization in your area, and ask them if they can provide you with information on immigration issues … Read more
Submission to the United Nations Human Rights Committee: Review of Canada at 145th Session
The HIV Legal Network made this submission to the United Nations (UN) Human Rights Committee (“Committee”) in advance of its review of Canada’s periodic report, detailing our concerns about Canada’s implementation of the International Covenant on Civil and Political Rights (ICCPR). This submission provides information on violations of Articles 2, 3, 6, 7, 9, and … Read more
Statement – Challenging the constitutionality of Canada’s “excessive demand” regime in federal court
The HIV Legal Network and a client of Battista Migration Law Group are challenging the constitutionality of Canada’s “excessive demand” regime in federal court. On February 2, 2024, we filed legal arguments and materials challenging the decision of Immigration, Refugees and Citizenship Canada (IRCC) to deny a work permit based on an applicant’s HIV status. … Read more
Media Release – HIV organizations in Canada call for the immediate revocation of immigration policy that harms people living with HIV
This statement can be attributed to HALCO, the HIV Legal Network, and COCQ-SIDA. June 21, 2023 – The HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, and La Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), are deeply concerned about the continued application of the “Automatic Partner Notification Policy” (“the … Read more
HIV organizations in Canada call for the immediate revocation of immigration policy that harms people living with HIV
This statement can be attributed to HALCO, the HIV Legal Network, and COCQ-SIDA. June 21, 2023 – The HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, and La Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), are deeply concerned about the continued application of the “Automatic Partner Notification Policy” (“the … Read more
FLATTEN INEQUALITY: Human rights in the age of COVID-19
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
A Modest Advance on Medical Inadmissability
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