Rights and Humanity provided a briefing for the UN Committee on the Rights of the Child in April, 1994. We highlighted the impact of the pandemic on children and analysed the implications within the context of the right of the child, calling on the Committee to take urgent action.

We outlined the vulnerability of children to HIV, reviewed the impact of AIDS on children within the context of the rights of the child and recommended strategies for action.

Vulnerability of Children to HIV
Our presentation highlighted that children who did not enjoy the full realisation of their human rights or who lived in precarious circumstances - such as street children, child prostitutes and intravenous drug users - were particularly vulnerable to the risk of HIV.

Lack of enjoyment of economic and social rights, such as access to water, sanitation, adequate nutrition and health care, impaired children’s immune systems, increasing their vulnerability to disease. Babies born to infected mothers who lacked access to anti-retroviral drugs, faced an increased risk of being infected.

Social Impact of AIDS on Children
Children who were not themselves infected might still suffer greatly from the pandemic. Many were required to care for sick parents and other family members and/or were orphaned as a result of AIDS.

Children and AIDS-related Discrimination
Rights and Humanity outlined the various ways in which AIDS-related discrimination affected children. For instance:

• pre-existing discrimination against certain groups of children impeded their ability to protect themselves from HIV – e.g. girls suffering socio-cultural constraints to enjoyment of their rights lacked the self-esteem necessary to say “no” to sex and/or to negotiate safe sex
• the lack of research at the time on children and AIDS was an unacknowledged form of discrimination against children in the field of health care services
• children with HIV/AIDS suffered social stigmatisation and discrimination
• children belonging to minority groups or in circumstances that increased their vulnerability suffered multiple levels of discrimination.

Laws and Policies which Increase Children’s Vulnerability
Rights and Humanity explained:

• property and inheritance laws which prevented children owning property impeded the ability of AIDS orphans to look after themselves and their surviving family
• policies which restricted sex education for children increased their vulnerability through ignorance
• the lack of adequate laws to protect children from sexual exploitation increased the risk of HIV transmission
• there was a need to review juvenile justice, prostitution and homosexuality laws in the light of the AIDS pandemic.

Human Rights of a Child with HIV/AIDS
Special attention needed to be paid to ensuring enjoyment by children with HIV/AIDS of their rights to:
protection against discrimination and social stigma
access to appropriate health care and social services.
access to reproductive health information and services
education, housing, work, travel and other fundamental human rights and freedoms. .

Strategies for Action
Rights and Humanity called on the Committee on the Rights of the Child to address the burning issue of AIDS and Children’s Rights and made recommendations.

Rights and Humanity Recommended Strategies for Action:

• Additional data and research was required on the impact of AIDS on children
• Laws which discriminate again children or women should be repealed
• Protective laws and policies needed to be introduced
• Participatory and voluntary programmes should be introduced instead of coercive measures
• The participation of children in the planning and implementation of AIDS programmes needed to be introduced or strengthened
• The legal and socio-cultural position of girls and women should be strengthened in order to ensure them equality with men and boys
• A supportive policy and socio-cultural environment should be established
• Public education about child rights, the risks to children of HIV infection and the responsibility to prevent infection as well as to avoid discrimination and social stigmatisation needed to be prioritised.

 

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