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Deportation of an HIV-Infected Foreigner Is Extreme
Date : 2008.03.31 00:00:00
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Deportation of an HIV-Infected Foreigner Is Extreme
The National Human Rights Commission of Korea (NHRCK) deems the deportation of a foreigner solely on account of infection with HIV to likely be an infringement on the person's right to stay in Korea as a foreigner and right to equality, which mandates that one should not be subjected to discrimination based on medical condition.
The Commission has submitted its opinion to the court handling the case with the intention of seeing the deportation order reversed. The case remains outstanding at the Seoul Administrative Court.
The plaintiff is a Korean-Chinese (male, aged 34). He came to Korea upon his Korean mother's invitation. After staying some time in Korea, he had a medical checkup, in which he was found to be HIV-positive. Being notified of this, the Seoul Immigration Office ordered the plaintiff to leave the country. In response, the plaintiff filed a lawsuit to seek a reversal of the order.
In light of international human rights standards and foreign cases, it is the opinion of the Commission that ordering a foreigner who has been staying in Korea to leave the country solely because he or she is infected with HIV is extreme.
Considering all of the circumstances of the plaintiff, the presence of an HIV-positive person is not likely to pose a grave risk to public health, whereas the order would be an irreversible violation of the plaintiff's basic human rights.
The NHRCK hopes for a court ruling that would counter Korean society's deep-rooted prejudices against HIV-infected individuals and redress discriminatory treatment based on one's medical condition.
