CRC/GC/2003/3
page 10
that many measures can be pursued with minimum resource implications. Reducing
vulnerability to HIV/AIDS requires first and foremost that children, their families and
communities be empowered to make informed choices about decisions, practices or policies
affecting them in relation to HIV/AIDS.
A. Children affected and orphaned by HIV/AIDS
31.
Special attention must be given to children orphaned by AIDS and to children from
affected families, including child-headed households, as these impact on vulnerability to HIV
infection. For children from families affected by HIV/AIDS, the stigmatization and social
isolation they experience may be accentuated by the neglect or violation of their rights, in
particular discrimination resulting in a decrease or loss of access to education, health and social
services. The Committee wishes to underline the necessity of providing legal, economic and
social protection to affected children to ensure their access to education, inheritance, shelter and
health and social services, as well as to make them feel secure in disclosing their HIV status and
that of their family members when the children deem it appropriate. In this respect, States
parties are reminded that these measures are critical to the realization of the rights of children
and to giving them the skills and support necessary to reduce their vulnerability and risk of
becoming infected.
32.
The Committee wishes to emphasize the critical implications of proof of identity for
children affected by HIV/AIDS, as it relates to securing recognition as a person before the law,
safeguarding the protection of rights, in particular to inheritance, education, health and other
social services, as well as to making children less vulnerable to abuse and exploitation,
particularly if separated from their families due to illness or death. In this respect, birth
registration is critical to ensuring the rights of the child and is also necessary to minimize the
impact of HIV/AIDS on the lives of affected children. States parties are, therefore, reminded of
their obligation under article 7 of the Convention to ensure that systems are in place for the
registration of every child at or immediately after birth.
33.
The trauma HIV/AIDS brings to the lives of orphans often begins with the illness and
death of one of their parents, and is frequently compounded by the effects of stigmatization and
discrimination. In this respect, States parties are particularly reminded to ensure that both law
and practice support the inheritance and property rights of orphans, with particular attention to
the underlying gender-based discrimination which may interfere with the fulfilment of these
rights. Consistent with their obligations under article 27 of the Convention, States parties must
also support and strengthen the capacity of families and communities of children orphaned by
AIDS to provide them with a standard of living adequate for their physical, mental, spiritual,
moral, economic and social development, including access to psychosocial care, as needed.
34.
Orphans are best protected and cared for when efforts are made to enable siblings to
remain together, and in the care of relatives or family members. The extended family, with the
support of the surrounding community, may be the least traumatic and therefore the best way to
care for orphans when there are no other feasible alternatives. Assistance must be provided so
that, to the maximum extent possible, children can remain within existing family structures. This
option may not be available due to the impact HIV/AIDS has on the extended family. In that
case, States parties should provide, as far as possible, for family-type alternative care (e.g. foster
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