CRC/GC/2003/3
page 7
C. Child and adolescent sensitive health services
20.
The Committee is concerned that health services are generally still insufficiently
responsive to the needs of children under 18 years of age, in particular adolescents. As the
Committee has noted on numerous occasions, children are more likely to use services that are
friendly and supportive, provide a wide range of services and information, are geared to their
needs, give them the opportunity to participate in decisions affecting their health, are accessible,
affordable, confidential and non-judgemental, do not require parental consent and are not
discriminatory. In the context of HIV/AIDS and taking into account the evolving capacities of
the child, States parties are encouraged to ensure that health services employ trained personnel
who fully respect the rights of children to privacy (art. 16) and non-discrimination in offering
them access to HIV-related information, voluntary counselling and testing, knowledge of their
HIV status, confidential sexual and reproductive health services, and free or low-cost
contraceptive, methods and services, as well as HIV-related care and treatment if and when
needed, including for the prevention and treatment of health problems related to HIV/AIDS,
e.g. tuberculosis and opportunistic infections.
21.
In some countries, even when child- and adolescent-friendly HIV-related services are
available, they are not sufficiently accessible to children with disabilities, indigenous children,
children belonging to minorities, children living in rural areas, children living in extreme poverty
or children who are otherwise marginalized within the society. In others, where the health
system’s overall capacity is already strained, children with HIV have been routinely denied
access to basic health care. States parties must ensure that services are provided to the maximum
extent possible to all children living within their borders, without discrimination, and that they
sufficiently take into account differences in gender, age and the social, economic, cultural and
political context in which children live.
D. HIV counselling and testing
22.
The accessibility of voluntary, confidential HIV counselling and testing services, with
due attention to the evolving capacities of the child, is fundamental to the rights and health of
children. Such services are critical to children’s ability to reduce the risk of contracting or
transmitting HIV, to access HIV-specific care, treatment and support, and to better plan for their
futures. Consistent with their obligation under article 24 of the Convention to ensure that no
child is deprived of his or her right of access to necessary health services, States parties should
ensure access to voluntary, confidential HIV counselling and testing for all children.
23.
The Committee wishes to stress that, as the duty of States parties is first and foremost to
ensure that the rights of the child are protected, States parties must refrain from imposing
mandatory HIV/AIDS testing of children in all circumstances and ensure protection against it.
While the evolving capacities of the child will determine whether consent is required from him
or her directly or from his or her parent or guardian, in all cases, consistent with the child’s right
to receive information under articles 13 and 17 of the Convention, States parties must ensure
that, prior to any HIV testing, whether by health-care providers in relation to children who are
accessing health services for another medical condition or otherwise, the risks and benefits of
such testing are sufficiently conveyed so that an informed decision can be made.
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