Mexico Supreme Court: Unconstitutional to expel HIV-positive soldiers

Mexico's Supreme Court ruled that it was unconstitutional to expel five soldiers who tested positive for HIV from the military, establishing a precedent that dismissed troops may seek redress in a federal appeals court.

"Being HIV-positive does not in itself imply an inability to serve in the armed forces," the judges wrote in the ruling issued Monday. "Therefore it will be up to the military to determine, case by case, if the degree of effect on the soldier's health makes it impossible to remain in active service."

In a separate case, the court in February ordered Mexico's Defense Department to restore four soldiers expelled for testing positive for HIV, the virus that causes AIDS.

A spokesman who answered at the Defense Department said it had no comment on the ruling.