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.
Learn more:
Know Your Rights: Accessing healthcare without permanent residence or citizenship in Canada
The right to healthcare is not consistently extended to people who do not have Canadian citizenship or permanent residence. In other words, access to healthcare is often restricted for individuals in the country who have only temporary immigration status or no immigration status. The United Nations Special Rapporteur on the right to health has called … Read more
Raising the Bar – 2023/2024 Annual Report
The creation of our annual report always gives us a unique opportunity to look back at a year’s worth of important work with hindsight, clarity, and pride. As you will see in Raising the Bar — our 2023/24 annual report — our successes and challenges don’t begin and end with the flip of a calendar … Read more
Immigration and Travel to Canada for People Living with HIV – Questions and Answers
In general, people living with HIV are allowed to travel and migrate to Canada. However, in certain circumstances, HIV status is a factor considered by the Government of Canada to decide if a person can enter or remain in Canada. This Q&A provides information on how Canadian immigration law and policy affect people living with … Read more
Rights Within Reach: Strategic Plan 2022-2027
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
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