Annex
Article 6: The inherent right to life, and
the State's obligation to ensure to the maximum extent possible
the survival and development of the child and Article 3: In all
actions concerning children, the best interests of the child shall
be the primary consideration. It is in the best interests
of the child to avoid HIV infection at all costs as it is fatal,
and children who contract the virus will die early and often in
an unpleasant and undignified way.
Article 29: State parties agree that the
education of the child shall be directed to (a) the development
of the child's personality, talents and mental and physical abilities
to their fullest potential; (b) the development of respect for
human rights and fundamental freedoms and Article 17: State Parties..shall
ensure that the child has access to information and material from
a diversity of national and international sources, especially
those aimed at the promotion of his or her social, spiritual and
moral well-being and physical and mental health . . . To
ensure children are not vulnerable to HIV infection it is important
to deal with the root causes of the HIV problem which are located
in poverty—both micro and macro-economic, social deprivation,
cultural attitudes and behaviour, conflict and war, and lack of
political and legal commitment. To address these issues is a long
and ongoing developmental process. In the interim, it is crucial
to protect children from HIV/AIDS by providing them with accurate
information and preventive means to ensure that they do not contract
the virus. This is their right and this is the responsibility
of States, community and parents.
Article 12: State parties shall assure to
the child who is capable of forming his or her own views the right
to express those views freely in all matters affecting the child
. . . The most effective HIV/AIDS prevention and care occurs
when children are involved in interventions from the early stages
with their views and opinions being used and respected.
Article 19: State parties shall take all
appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment
or exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s), or any other . . . Many young
children and people contract the HIV virus from adults through
non-consensual sex and through sexual exploitation. Adult and
peer behaviour can increase children's vulnerability to the virus
in certain social situations. A number of children are especially
vulnerable to HIV/AIDS as they are marginalised and lack the general
care and support of society. These children are often vulnerable
to contracting HIV/AIDS. In many cases children in institutions,
including family, are sexually abused, vulnerable to AIDS and
unsupported. Special protection measures need to be set up by
States to support such children.
Article 2: State parties shall respect and
ensure the rights set forth in the present Convention to each
child within their jurisdiction without discrimination of any
kind . . . Today in many countries of the world children are
socially and economically excluded from HIV/AIDS prevention and
care. Children are discriminated against for sexual behaviour
and attempting to gain access to the means to protect themselves
from HIV/AIDS. Children are stigmatised and marginalised when
living with the virus, when orphaned as a result of the virus,
and when living in families affected by the virus. Especially
vulnerable children are discriminated against by social exclusion,
labelling and lack of services for prevention and care. Children
are discriminated against when it is accepted that adults can
access HIV/AIDS prevention and care but for a variety of reasons
children cannot. As a result almost 20 years into the HIV/AIDS
pandemic, there is still a considerable struggle to put HIV/AIDS
prevention and care on to the agenda of many states for children
and young people.
Article 24: State parties recognise the right
of the child to the enjoyment of the highest attainable standard
of health and to facilities for the treatment of illness and rehabilitation
of health . . . Children in many parts of the world are unable
to access treatment and care of HIV/AIDS. This is due to economic
disparity between the North and the South, where expensive treatments
cannot be afforded and are beyond the capacity of current health
infrastructure. Equally, there is economic and social disparity
within countries, where the most marginalised and poor will not
be able to access treatment and care. In addition, the most effective
care of children with HIV/AIDS occurs when children are involved
and consulted and where their psychological and social needs are
addressed in addition to their clinical health needs. This fact
still lacks recognition with health policy makers and practitioners.
Article 20: The child temporarily or permanently
deprived of his or her family environment or in whose own best
interests cannot be allowed to remain in that environment shall
be entitled to special protection and assistance provided by the
state. State shall in accordance with the national laws ensure
alternative care for such a child . . . and
Article 27: State parties shall recognise
the right of every child to a standard of living adequate for
the child's physical, mental, spiritual, moral and social development..This
is particularly important for the welfare and protection of children
orphaned as a result of HIV/AIDS, or other causes, where children
are not treated equally, discriminated against, lose access to
basic needs, education and health provision, and are sometimes
institutionalised rather than cared for in the community as a
result of their own, or family, HIV status.
Lyn Elliott
HIV/AIDS Policy Adviser
July 1999
REFERENCES
2. UNAIDS, Global Epidemiological Report,
1997.
3. AIDS Action, Issue 25 June-August 1994,
AHRTAG, London, England.
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