Human Rights of HIV-Positive People in the Light of the Case of Kiyutin v. Russia

The Case of Kiyutin v. Russia tackles the highly complex and sensitive issue of discrimination against HIV-positive people and represents the landmark case of the European Court of Human Rights referring to human rights of people living with HIV. In this precedent case the ECHR has strongly condemned the discrimination, stigmatization and marginalization of people infected with HIV. This way, the international community has not only paved the way for better and more efficient protection of HIV-positive people but also drawn attention to the complexity of the problem which is being faced by members of this large invisible minority group. This case has affirmed the omnipresent prejudices against HIV-positive people, generated by social anomalies of a global nature such as homophobia, poverty, health care disparities, racism and other forms of discrimination. The paper offers an overview of relevant international legal concepts and regulations relating to the controversial discriminatory provisions of the Russian legislation as well as clarification of the judgement of the ECHR and their repercussions for the legal status of HIV-positive people.