No, being a person living with HIV is not an admissible argument for refusing a credit application. Even if the lending institution requires life insurance in its statutes in order to authorise the loan, such a request would be a typical act of discrimination. Therefore, under no circumstances can a loan be denied on this ground alone without a bias-free analysis (Judgment of the European Court of Human Rights). T-905/07).
For example, constitutional jurisprudence has been clear that "the mere condition of HIV is not a valid reason to refuse the issuance of a life insurance policy" and that "it is not conceivable under any argument that being an asymptomatic carrier of HIV is an exclusion for acquiring life insurance" (judgments T-1165 of 2001, T-905 of 2007, T-173 of 2022).












