Overview of people with HIV and their labor rights in Mexico

People living with the human immunodeficiency virus (HIV) have labor rights in Mexico that should not be violated, here we explore them and also explain the differences that exist between HIV and acquired immunodeficiency syndrome (AIDS) -as they are erroneously used as synonyms-, as well as the reason for World AIDS Day, which is commemorated on December 1.

HIV is a viral agent that affects the cells of the immune system. Living with him causes our body is vulnerable to many pathogens if there is no medical treatment. The acquired immunodeficiency syndrome (AIDS) is the final stage of HIV..

World AIDS Day is commemorated on December 1. This date works for raising awareness and eliminating prejudices, for the people with HIV should have equal rights. It is also a time to remembering those who have died of AIDS-related illnesses.

World AIDS Day was proclaimed by the United Nations (UN) on October 27, 1988 and was first commemorated on December 1 of the same year.

What is the difference between HIV and AIDS?

HIV and AIDS are not synonymous. UNAM Global explains that human immunodeficiency virus affects the immune system by weakening CD4+ T lymphocytes., which are essential to fight diseases. HIV leaves our bodies vulnerable to various infections without access to antiretroviral treatment.

However, we must clarify that acquiring this virus is not always accompanied by initial symptoms.; A person can go for many years without knowing they are living with it if they do not test regularly for HIV. Some of the ways someone can get it are:

1. having unprotected sexual contact (i.e., not using a condom or not taking pre-exposure prophylaxis, also known as PrEP);
2. receiving a blood transfusion from a person living with HIV;
3. perinatally, if the mother is not on antiretroviral treatment.

According to data from the World Health Organization (WHO), by 2024 there were an estimated 40.8 million people living with HIV worldwide..

For its part, Acquired immunodeficiency syndrome (AIDS) refers to the final stage of HIV.. In it, the body is exposed to diseases and infections without being able to defend itself. That is to say, AIDS is not a virus, but a set of symptoms and diseases that arise as a consequence of the damage caused by untreated HIV..

To clarify the distinction we take this quote from the organization VIHve Libre:

«Living with HIV is not the same as being in the AIDS stage. AIDS doesn't get you; it's the late stage of HIV.».

What is the outlook for people living with HIV in Mexico?

According to data reported by the Mexican Ministry of Health, from January 2014 to July 2025, 180,319 cases of people living with HIV have been diagnosed in our country.. The report of the first half of 2025 indicated that there are 9046 new cases.

In Mexico, access to antiretroviral treatment is free of charge in the public sector and guaranteed for people with HIV. This happens in the Instituto Mexicano del Seguro Social (IMSS), Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado (ISSSTE) and the Centro Nacional para la Prevención y el Control del VIH y el SIDA (Censida).. In these institutions also free tests are applied for someone to know if they are living with HIV.

What labor rights do people with HIV have in Mexico?

In Mexico, employment discrimination against people living with HIV is prohibited. In fact, we are all equal before the Federal Labor Law, so we have the same rights.

Labor lawyer Víctor Alfonso Matadamas Hernández explained in an interview for EQTY Insider that there are discriminatory behaviors prohibited by law. For example, companies may not request an HIV test as part of the hiring process. In this regard, he commented:

«No one should be evaluated or conditioned for the performance of a function on the basis of health status or ailments.». 

He also added that dismissing a person for living with HIV would be an unlawful practice:

«People's health status cannot be a ground for conditioning employment. Firing a person for living with HIV would be an illegal practice.».

On the other hand, people with HIV have the same rights to be enrolled in public health care institutions, as the IMSS and the ISSSTE.

Likewise, have the right to pick up their medications or have regular check-ups, even if these coincide with their work schedule. In this regard he said:

«Employers are obliged to grant the necessary permits to safeguard the health of their employees. In the institutions where medical appointments are held or medicines are picked up, documents are issued that function as supporting documents.».

Challenges related to HIV in Mexico

One of the most important challenges in relation to HIV in Mexico is that there is still a great deal of misinformation and prejudice on the subject. In this regard, the National Council for the Prevention of Discrimination (Conapred) points out:

«Stereotypes still permeate the perception, attitudes and social behaviors towards this problem in health institutions, in access to employment, in the media, in the community and even in the family.».

The Conapred also points out that it is important to demystify that only populations that have historically been judged and stigmatized can acquire HIV. in relation to the virus, such as the LGBT+ population and people involved in sex work.

Did you know the differences between HIV and AIDS and the rights of people living with it in Mexico?

With information from UNAM Global, Government of Mexico, UN, WHO, Secretary of Health (p. 5), EQTY Insider y Conapred

Research and editing by José Manuel Ríos and Rodrigo Hernández