Medical examinations, insurance and employment: Where are the european standards?

摘要

The judgement of the European Court of Human Rights of 10 March 2011 in the case of Kiyutin v. Russia (Appl. No. 2700/10), contains elements that are essential for alleged discrimination on grounds of health. The case concerned the refusal of Russian authorities to grant the applicant a residence permit because he tested positive for HIV. In this case, examined under Article 14 of the European Convention on Human Rights (prohibition of discrimination) in conjunction with Article 8 (right to private life), the Court considers the refusal to grant an entry permit discriminatory. The judgement contains references to a number of documents on non-discrimination from the international community. Among them is the UN General Assembly Declaration on HIV/AIDS of 27 June 2001, which calls for elimination of all forms of discrimination, for ensuring full enjoyment of human rights, including access to healthcare, employment and health services, privacy and confidentiality and for the development of strategies to combat stigma and social exclusion with the epidemic.