CESIDA—an organization that coordinates the civil society response to HIV in Spain—and the Fernando Pombo Foundation have won an important ruling that, for the first time, recognizes discrimination based on the serological status of a person living with HIV.
The significance of this case lies in the frequency in which similar situations occur to people living with HIV, who continue to face constant stigma and discrimination despite advances in HIV treatment and prevention. 

"This ruling represents a significant achievement in the protection of the rights of people living with HIV against discrimination.  It also marks progress within the framework of the Social Pact for Non-Discrimination and Equal Treatment in relation to HIV, as well as the Global Partnership for Action to Eliminate all Forms of HIV-related Stigma and Discrimination” said Julia del Amo, Director of the Division for the Control of HIV, STIs, Viral Hepatitis, and Tuberculosis at the Ministry of Health.

On 24 October 2022, the Directorate General of Traffic (DGT) informed a person living with HIV that their driving license renewal was reduced to half the usual duration (5 years instead of 10). The only apparent reason for this decision was that the person disclosed their HIV status and treatment during the medical examination, despite this having no impact on their ability to drive.

In response to the DGT's decision, the person living with HIV authorized CESIDA—an organization that coordinates the civil society response to HIV in Spain—to file an administrative appeal. This was possible due to the provision in Article 29 of Act 15/2022, which grants active standing to social entities under certain requirements.

After hearing evidence and arguments by the pro bono legal team from Gómez-Acebo & Pombo, who represented CESIDA, the Administrative Court ruled in favor of CESIDA and annulled the DGT’s decision, finding it discriminatory. This ruling is a groundbreaking decision in Spain.

"This ruling is a crucial step in defending the rights of people with HIV. There is still much to be done, but we are firmly committed to continuing the fight against the stigmatization and discrimination that people living with HIV face in our society," said Oliver Marcos, Secretary General of CESIDA.

The ruling is one of the first cases in which, under Act 15/2022, the standing of an association established to defend human rights is recognized to combat a situation of discrimination within the realm of Public Law.

"This case sets an important precedent in Spain as it is a pioneering ruling against discrimination based on serological status, as well as for the recognition of the active standing of social entities," said Miguel Ángel Ramiro, coordinator of the Legal Clinic at the University of Alcalá. "The admission of the claim by CESIDA, without the need for individual visibility of the person with HIV, represents a key advance in the legal approach to prevent discriminations that, although not always visible, are real,” added Ana Higuera, director of the Fundación Fernando Pombo.

“This ruling in Spain represents a significant step forward in the fight against HIV-related discrimination. It highlights the importance of protecting the rights of people living with HIV and ensuring they are not subjected to unfair treatment based on their HIV status” said Umunyana Rugege, Head of Human Rights at UNAIDS.