Guatemala
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- No restrictions on entry or staying.
The types of restriction are:
- No restrictions.
Restrictions on entry to Guatemala
We found no evidence of any official restrictions on entry to Guatemala based on HIV status.
According to UNAIDS and the US Department of State, Guatemala does not have any HIV-related restrictions on entry.
The application form for a tourist visa to visit Guatemala available on the website of the Guatemalan Migration Institute contains the requirements and documents needed to apply. None of them refer to HIV or the general health of the applicant.
Restrictions on short-term stay in Guatemala
We found no evidence of any official restrictions on short-term stay in Guatemala based on HIV status.
According to UNAIDS and the US Department of State, Guatemala does not have any HIV-related restrictions on short-term stay.
The application forms for study and work permits available on the website of the Guatemalan Migration Institute contains the requirements and documents needed to apply. None of them refer to HIV or the general health of the applicant.
The Migration Code of Guatemala sets out general conditions for access to temporary and permanent residence, none of which are linked to health requirements or HIV status.
Restrictions on long-term stay in Guatemala
We found no further evidence of HIV-related restrictions on long-term stay.
Treatment access in Guatemala
Article 13 of Decree 44-2016, establishes that ‘Every mother and her child have the right, in full equality with Guatemalans, to receive immunisation against the main infectious diseases that occur in the community, as well as the ordinary ones in accordance with the national health policy of the country.’ Furthermore, it states that all people present in the national territory enjoy equal access to public services such as health.
Likewise, the Public Policy on Protection and Assistance to Migrants 2019–2032 (2019) stipulates that, pursuant to the Social Development Law (2001), and through the Social Development and Population Policy (2002), ‘the Ministries of Public Health and Social Assistance and of Education, as well as other public sector bodies having to do with the issue, shall seek to ensure that migrant workers and their families have access to health, education and other basic services that enhance their living conditions in temporary accommodations.’
IOM further reports that in 2018, the Department for the Regulation of Programmes for the Care of People under the Ministry of Public Health and Social Assistance (Ministerio de Salud Pública y Asistencia Social, MSPAS) updated the Standards for Comprehensive Primary and Secondary Health Care. This document is universally applicable and ensures that primary and secondary health-care personnel will attend to the entire population, irrespective of migration status, and furthermore contains a specific section on “Caring for migrants”.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
There is no known HIV criminalisation in Guatemala. We are not aware of any HIV-specific criminal laws in force, and there have been no reported prosecutions for alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the Guatemala page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
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