The European court of human rights (ECHR) found Russia guilty of violating the rights of a resident of the Ukrainian city of Donetsk, HIV patient that this was not allowed in Russia, to her husband. It is reported by the website of the human rights Association “Agora” referring to the lawyer Ukrainka, representing its interests in the European court, Irina Khrunov.

“The Russian government guilty of violating article about the respect for family life and excessive interference in private life (article 8 of the European Convention for the protection of human rights and fundamental freedoms),” said Khrunova. The citizen of Ukraine awarded 15 thousand euros compensation which it should receive within three months.

According to the “Agora”, the applicant of the complaint lived in Russia since the beginning of 2000-ies. In 2012, she married a Russian citizen, and gave birth to a son. During pregnancy, the woman was diagnosed with HIV. The child was born healthy.

In 2013, the woman together with children (in addition to the son she has another daughter from his first marriage) moved out of Russia to Ukraine, and when I tried to go back, the border control did not allow her to do it, referring to the decision of Rospotrebnadzor, dated 9 June 2012, about the undesirability of its stay in Russia.

All the courts on appeal from the decision of the wife lost, despite the ruling of the constitutional court of Russia, which in 2006 stated that when considering the question of deportation of people living with HIV from Russia, the courts and law enforcement agencies “can take into account, on the basis of humanitarian considerations, the factual circumstances of the particular case”. It was a question of fact that courts must consider the presence of HIV-positive alien’s family, his health. However, in Russia the definition of the constitutional court are not executed.

After that, the couple appealed to the constitutional court and the ECHR. In March 2015, the constitutional court upheld the complaint of the family and ordered the government to change the immigration law so that HIV-positive non-citizens with family in Russia, could not be deported or even somehow separated from his family.

In December 2015, foreigners with HIV in the presence of families officially permitted to live in Russia as a result of amendments to the relevant law. However, in March 2016, the ECHR acknowledged Russia guilty in violating the rights of five HIV-positive foreigners who have family in Russia. We are talking about the decision of the ECHR in the case “Novruk and others V. Russia”. 43-year-old citizen of Moldova, Mikhail Nivroku, as well as citizens of Ukraine, Uzbekistan, Moldova and Kazakhstan were denied a residence permit in the Russian Federation after during the medical examination they had identified HIV. Each of the Complainants, the ECtHR awarded compensation for 15 thousand euros, and also ordered to compensate the litigation costs. The total amount of payments that should give affected Russia, is more than 87 thousand euros.

The ECHR ordered Russia to pay 15 thousand euros for the Ukrainian, which is due to HIV was separated from her family 08.11.2016

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