Bae Ji-sook
Staff Reporter
The National Human Rights Commission (NHRCK) said Monday that the government's decision to deport a foreigner because he is HIV positive is an infringement upon human rights. The commission submitted the statement to a court dealing with the case.
According to the commission, a Korean Chinese man identified as Heor was diagnosed with the Human Immunodeficiency Virus (HIV) last May during his visit to Korea upon his mother's invitation. He said when he visited a local public health center to get the results of a voluntary HIV test, the staff took him to the immigration office right away where he was kept in an isolation room.
Heor's family alleged that the government held him captive even though they promised to take care of him. The government officials allegedly said Heor was able to flee. The man filed the lawsuit against the government and the outcome is due on March 12.
The NHRCK said that considering Heor doesn't have family in China anymore and it would be difficult for him to get a job in that country, pushing him out of Korea was a violation of Heor's right to receive medical treatment and not be discriminated against due to his illness.
The commission also pointed out that the United Nations bans discrimination against those with HIV and most Organization for Economic Cooperation and Development membership countries do not expel foreigners with HIV.
The government's management of foreigners with HIV is too stiff, civic groups said. According to the Korea center for Disease Control and prevention, 521 of 647 foreigners diagnosed as HIV positive were forced to leave the country.
Immigration law allows the government to deport those with serious or infectious disease, and the government has kept deporting those who are HIV positive, Chang Seo-yeon, Heor's lawyer said. ``HIV does not affect daily life. The world acknowledges it. With appropriate medication and treatment, one can live a normal life like anyone else,'' she said.
The Korea Federation for HIV/AID Prevention said the deportation could have side effects. ``It could drive more foreign HIV positive people to hide their illness fearing deportation,'' its spokesman said