National Human Rights Commission of Korea
News Release (3 March 2008)
NHRCK Submitted Opinion to Court regarding Eviction Order on HIV-Infected Foreigner
The National Human Rights Commission of Korea (NHRCK) has decided to submit an opinion to the administrative court of Seoul regarding the filing of a suit by a HIVーinfected foreigner (Korean-Chinese) calling for a cancellation of an eviction order. The NHRCK concluded that this case, which pertains to the rights of foreigners and discrimination against HIV-positive individuals, can be viewed as a "trial with a potentially profound impact on the improvement and protection of human rights." The NHRCK reached its decision after extensively reviewing the relevant cases including the precedents of other countries and international standards.
Considering international human rights standards and precedents, the eviction order of HIV-positive foreign residents based on their medical status is excessively draconian. The International Covenant on Civil and Political Rights and The International Guidelines on HIV/AIDS and Human Rights prohibit discrimination against entry and stay of HIV-positive foreigners. In addition, the majority of the OECD countries such as Canada, Australia, Japan, UK, and Finland do not evict HIV-infected foreigners who have already entered into the country regardless of the existence of any entry restrictions. It is conventional for these countries to treat the infected foreigners as they would treat their own citizens or to take into consideration of the family situation, as in exceptionally treating their spouses and children.
It should also be noted that the disadvantages associated with the infringement of basic human rights on the part of the plaintiff in the case of eviction considerably outweigh the benefits in securing the protection of citizens. The plaintiff’s health is not in a serious condition and his mother, step-mother and sister, who are all Korean citizens, had been residing in Korea when he requested for a special naturalization. His family’s secure establishment in Korea means that he can actively and voluntarily receive medical treatments for HIV, reducing the likelihood of him transmitting HIV to other people.
In contrast, his eviction would not only deprive his right to reside in Korea, but also place an entry ban on him, virtually stripping him the right to live with his family who are Korean citizens. Moreover, once he is evicted to China, it is reasonable to think that his health would significantly deteriorate, given the high medical costs combined by the absence of family support. In addition, China’s policy of isolating and disregarding the rights of HIV-positive individuals would undoubtedly have a negative impact on his health.
In light of these considerations, the NHRCK views that the eviction order, which is solely based on the fact that he is a HIV-positive individual, would violate the rights to reside in Korea and not to be discriminated for medical reasons.
