CHILD Protection & Rights > Protection Issues > Protecting Hiv/Aids Affected Children From Vulnerability And Discrimination

5. International and National Framework

- International Framework:

The UN Convention on the Rights of the Child (l.ink with PDF text, in part, international/instruments/UNCRC ) does not specifically refer to HIV and AIDS. However there are provisions in this treaty that offer children protection from the consequences of HIV and AIDS.

Article 2 states the right to non-discrimination on numerous grounds, including race, colour, sex and other status. HIV/ AIDS falls under the latter.

Children have the right to the treatment of illness under article 24.

In November 2001, the UN General Assembly Special Session on HIV and AIDS adopted the Declaration of Commitment on HIV and AIDS: http://www.un.org/ga/aids/coverage/

In November 2003 the Committee on the Rights of the Child adopted a General Comment on "HIV/AIDS and the Rights of the Child."

To read the General Comment Number 3 (2003) on "HIV/AIDS and the Rights of the Child", please go to http://www.unhchr.ch/tbs/doc.nsf/(symbol)/CRC.GC.2003.3.En?OpenDocument )

To read more on other initiatives developed by the United Nations, go to http://www.unaids.org/en/ , or http://www.crin.org/themes/ViewTheme.asp?id=8

National Framework:

There is for the moment in India no specific legislation to protect the rights of HIV positive adults and children.

However the Constitution of India guarantees certain rights to all citizens that apply to children affected by HIV/AIDS. They are provided for instance with the right to equality and non discrimination, the right to confidentiality or the right to be informed and to give their consent to all measures concerning their health and their protection.

Some specific policies and initiatives:

- The National Plan of action for children (Link with section child protection and child rights/ national level/national policies) , 2005, refers also especially to the protection of children affected by HIV/AIDS or whose parents are HIV positive. Its provisions include:

- Ensuring a supportive and enabling environment for care and protection of these children.

- Providing quality health care and services, including free anti-retroviral therapy for these children.

- Prevention of mother-to-child transmission of HIV/AIDS.

- Development of special packages for children abandoned on account of HIV/AIDS.

- Goa Public Health Act Amendment of 1985 (Section 53.I.vii) allowed the public health authorities and police discretion to isolate people with HIV/AIDS; repealed in 1996.

- Railway Board Administrative Notification of 1989 designating HIV/AIDS as "infectious disease" which can allow denial of passage; rescinded in 1996.

- Draft legislation in 1989 Session of National Parliament, which was evaluated as extremely prejudicial to rights of people infected with HIV/AIDS withdrawn after intervention of WHO and national authorities.

- 1992 Administrative Notification from Minister of Health & Family Welfare (GOI) to all State Governments directing them to ensure non-discriminatory access to treatment and care for PLWH/As in all Central and State Government health care institutions.

- The Government has, by Administrative Order, required the screening for HIV of all units of blood to be used for transfusion purposes.

- May 1997 Mumbai High Court Judgment held that employers cannot base employment decisions on HIV status of employee

Some initiatives to stop the spread of HIV/AIDS and to protect the rights of children infected / affected by HIV

Coordinated actions between the international, government and non-government stakeholders must be taken to protect the rights of children infected and affected by HIV and AIDS and to provide them with treatment, prevention and care.

Awareness is necessary in schools, in communities, through workshops, plays, games, TV spots to inform people about the transmission of HIV and to tackle the discriminatory behaviours existing in the population.

Some of these measures may help to protect children affected with HIV/AIDS from vulnerability and discrimination. It is necessary to work to:

•  Promote a more supportive socio-economic environment so that individuals and families affected with HIV/AIDS can manage the problem themselves with their family and community support.

•  Prevent women, children and other socially weak groups from becoming vulnerable to HIV infection by improving health education, legal status and economic prospects.

•  Improve services for the care of children living with AIDS in times of sickness both in hospitals and at homes through community health care.

•  Provide adequate and equitable provision of health care to the HIV-infected children.

•  Constantly interact with international and bilateral agencies for support and cooperation in the field of research in vaccines, drugs, emerging systems of health care and other financial and managerial inputs.