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Published on: October 12, 2018
Europe: Securing legal protection against expulsion for HIV-positive migrants
1Act Up-Paris, Observatoire du droit à la santé des étrangers. carolineizambert@mac.com
Abstract:
International human rights and refugee law prohibits deportations to a state where the deportee would be at risk of being subjected to torture or other cruel, inhuman, or degrading treatment or punishment. In the case of Europe, case law is inconsistent in regard to HIV-positive migrants. In this article, based on a presentation at AIDS 2010, Caroline Izambert discusses recent case law from the European Court of Human Rights (ECHR) concerning migrants affected by HIV and how legal protection against the deportation of others can be ensured.
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