CNDH celebrates that people with HIV can get married in Nayarit

The National Commission for Human Rights (CNDH) celebrated that the Nayarit state Congress approved a change in the entity’s civil code to allow marriage for people infected with the Human Immunodeficiency Virus (HIV).

The Nayarit state Congress eliminated the clause that contained the express prohibition to marry, mainly those stipulated in article 152 section VIII of the State Civil Code, which provided that it was an impediment to marry: suffering from chronic and incurable diseases that are also contagious.

By qualifying it as discriminatory and unconstitutional, for preventing people living with the Human Immunodeficiency Virus (HIV) or with some disease from accessing that right, for which the corresponding paragraph was repealed and it was determined not compatible with the Constitution.

The Commission added that the modifications to the Civil Code of the state of Nayarit occur after the issuance of Recommendation 24/2022, addressed to the constitutional governor of that entity, for violation of the rights to equality, non-discrimination, free personality development and health.

This occurred to the detriment of a person deprived of liberty (PPL), at the Federal Center for Social Rehabilitation (CEFERESO) of the state, who was denied authorization by Civil Registry personnel to marry for living with HIV.

“In this way, the CNDH, attentive to the legislative work on the matter, encourages the State Congresses of Durango, Guanajuato, Guerrero, Nuevo León, Oaxaca, Puebla, Querétaro and Sinaloa, on the urgent need to promote prompt reforms in their civil legislation that also eliminates or repeals those contents of the norms contrary to the principle of non-discrimination and pro person, which only restrict rights”, indicated the Commission.

The CNDH also pointed out that if these requirements continue to be maintained in their state civil regulations, these entities, through their institutions, will continue to reproduce stigmas that generate conditions of inequality for people living with HIV and/or with a disease classified as chronic, incurable. or contagious and that encourage the limitation of their rights, their free personality and their development in society regardless of the context in which they find themselves.