The Principle of Non-Discrimination and Entry, Stay and Expulsion of Foreigners Living with HIV/AIDS

Alexandre Devillard

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A number of states impose HIV/AIDS-related entry and stay restrictions and have adopted laws and regulations that foresee the expulsion of foreigners living with HIV/AIDS. Such practices raise concerns with regard to their conformity with international law. Although international law does not provide any explicit right of admission of foreigners on a state’s territory and recognises, on the contrary, the very wide powers of the state with regard to admission and expulsion, states’ practices are nevertheless subject to international law. Indeed the principle of non-discrimination can be seen to be the main international legal norm to challenge such practices. Simultaneously, these states’ practices reveal the richness of the principle of non-discrimination. With regard to expulsion, the question is not only whether the HIV/AIDS status of a migrant constitutes a legitimate ground for expulsion, but also whether such status is a possible ground for denying a state’s right to expel a foreigner. On the latter point, European Court of Human Rights case law demands specific attention and a critical appreciation due to its extreme strictness.

Suggested bibliographic reference for this article:

Devillard, Alexandre. The Principle of Non-Discrimination and Entry, Stay and Expulsion of Foreigners Living with HIV/AIDS. IJMS: International Journal on Multicultural Societies. 2009, vol.11, no.1, pp. 91-103, UNESCO. ISSN 1817-4574. www.unesco.org/shs/ijms/vol11/issue1/art5

About the author:

Alexandre Devillard is a researcher with the Labour and Facilitated Migration Division, Migration Management Services Department, International Organization for Migration. Diploma of advanced studies in public law and Diploma of postgraduate specialised studies in political science (Université Jean Moulin Lyon III, France). E-mail: alexandredevillard(at)yahoo.fr

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