Mauritius National Human Rights Commission addresses potential discrimination against migrant workers with HIV
via Le Mauricien2 min read
The National Human Rights Commission NHRC in Mauritius has raised concerns about migrant workers facing potential deportation due to their HIV-positive status, detected during mandatory medical examinations for residence and work permits. The NHRC highlights a conflict between Section 51a of the Immigration Act, which allows for the prohibition of entry or stay for non-citizens with infectious diseases, and Section 31 of the HIV and AIDS Act of 2006, which prohibits discrimination based on HIV status. The commission also references Mauritius' international obligations, including the UN General Assembly's Declaration of Commitment on HIV/AIDS, and international jurisprudence, such as the European Court of Human Rights' ruling in Kiyutin v. Russia, which deemed the denial of a residence permit based solely on HIV-positive status as discriminatory. The NHRC emphasizes that the presence of people living with HIV does not inherently pose a public health threat and that administrative decisions must be based on individualized assessments. The NHRC urges authorities to take corrective measures to align administrative practices with national legal frameworks and international commitments, aiming to end discrimination, harassment, and distress faced by migrant workers due to their serological status.
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This summary was AI-generated from a story originally published by Le Mauricien.
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