HJN calls on States to end HIV criminalisation and discriminatory travel restrictions in submission to UN human rights office
HIV Justice Network highlights the gap between legal reform and implementation, urging States to align laws and policies with contemporary HIV science and human rights.
The HIV Justice Network (HJN) has submitted recommendations to the Office of the United Nations High Commissioner for Human Rights (OHCHR) for its forthcoming report on the impact and implementation of societal enablers in the HIV response.
The report follows a request from the UN Human Rights Council for OHCHR to examine how States are implementing societal enablers, including measures to reduce stigma and discrimination, remove restrictive legal and policy frameworks, protect civic space and strengthen community leadership. Its findings and recommendations will be presented to the Human Rights Council at its 64th session.
HJN's submission focuses on two areas central to our work: HIV criminalisation and HIV-related travel and migration restrictions. It calls on States to move beyond formal commitments and assess whether legal reforms are translating into meaningful changes in people's lives.
Progress on decriminalisation, but enforcement continues
HJN highlights progress made over the past decade, during which 50 jurisdictions across 28 countries have moved towards HIV decriminalisation through legislative reform, court decisions and prosecutorial guidance.
However, this progress remains uneven. HJN documented 150 reported cases of HIV criminalisation between 1 June 2025 and 15 June 2026, with reported cases increasing since 2022. These findings underline the persistent gap between advances in HIV science, legal reform and implementation.
Repealing or narrowing HIV-specific criminal laws does not necessarily end criminalisation. Prosecutions may continue under general criminal laws or through coercive public health and administrative powers. HJN therefore calls for States to monitor not only the laws on their books, but also how police, prosecutors, courts and public health authorities apply them.
The submission draws on HJN's Guidance on Good Practices in HIV Decriminalisation, which sets out practical approaches to legal reform, implementation and accountability. It stresses that laws and prosecutions must reflect contemporary HIV science, including, but not limited to, evidence of the prevention effect of HIV treatment.
Travel and migration restrictions remain a barrier
The submission also addresses HIV-related travel and migration restrictions, which can limit freedom of movement, undermine privacy and confidentiality, reinforce stigma and restrict opportunities to travel, work, study or settle abroad.
Research presented by HJN at AIDS 2026 identified 49 jurisdictions maintaining HIV-related migration restrictions: 33 with partial restrictions and 16 with severe restrictions. Such barriers may be embedded in broader immigration systems, including medical admissibility assessments, employment-related health screening and visa requirements.
HJN calls on States to repeal discriminatory entry, stay and residence restrictions and eliminate mandatory or coercive HIV testing linked to travel or immigration. It also recommends monitoring the practical effects of these restrictions, alongside changes to formal policies.
Positive Destinations, HJN's resource on HIV-related travel and residence restrictions, supports efforts to document these barriers and make information accessible to people living with HIV.
Six recommendations for States
HJN's submission sets out six recommendations: repeal HIV-specific criminal laws and prevent their replacement by general criminal offences; monitor enforcement and case outcomes; align laws and policies with contemporary science and human rights; establish safeguards against regression; ensure meaningful participation by people living with HIV and affected communities; and eliminate discriminatory HIV-related travel and migration restrictions.
The submission argues that progress towards ending AIDS must be measured not only by changes in legislation and policy, but also by their implementation and effects on people's lives. Meaningful community participation and transparent monitoring are essential to ensure that reforms deliver lasting change.