CRC/GC/2003/3
page 8
24.
States parties must protect the confidentiality of HIV test results, consistent with the
obligation to protect the right to privacy of children (art. 16), including within health and social
welfare settings, and information on the HIV status of children may not be disclosed to third
parties, including parents, without the child’s consent.
E. Mother-to-child transmission
25.
Mother-to-child transmission (MTCT) is responsible for the majority of HIV infections in
infants and young children. Infants and young children can be infected with HIV during
pregnancy, labour and delivery, and through breastfeeding. States parties are requested to ensure
implementation of the strategies recommended by the United Nations agencies to prevent HIV
infection in infants and young children. These include: (a) the primary prevention of HIV
infection among parents-to-be; (b) the prevention of unintended pregnancies in HIV-infected
women, (c) the prevention of HIV transmission from HIV-infected women to their infants;
and (d) the provision of care, treatment and support to HIV-infected women, their infants and
families.
26.
To prevent MTCT of HIV, States parties must take steps, including the provision of
essential drugs, e.g. anti-retroviral drugs, appropriate antenatal, delivery and post-partum care,
and making HIV voluntary counselling and testing services available to pregnant women and
their partners. The Committee recognizes that anti-retroviral drugs administered to a woman
during pregnancy and/or labour and, in some regimens, to her infant, have been shown to
significantly reduce the risk of transmission from mother to child. However, in addition, States
parties should provide support for mothers and children, including counselling on infant feeding
options. States parties are reminded that counselling of HIV-positive mothers should include
information about the risks and benefits of different infant feeding options, and guidance on
selecting the option most likely to be suitable for their situation. Follow-up support is also
required in order for women to be able to implement their selected option as safely as possible.
27.
Even in populations with high HIV prevalence, the majority of infants are born to women
who are not HIV-infected. For the infants of HIV-negative women and women who do not
know their HIV status, the Committee wishes to emphasize, consistent with articles 6 and 24 of
the Convention, that breastfeeding remains the best feeding choice. For the infants of
HIV-positive mothers, available evidence indicates that breastfeeding can add to the risk of HIV
transmission by 10-20 per cent, but that lack of breastfeeding can expose children to an increased
risk of malnutrition or infectious diseases other than HIV. United Nations agencies have
recommended that, where replacement feeding is affordable, feasible, acceptable, sustainable and
safe, avoidance of all breastfeeding by HIV-infected mothers is recommended; otherwise,
exclusive breastfeeding is recommended during the first months of life and should then be
discontinued as soon as it is feasible.
F. Treatment and care
28.
The obligations of States parties under the Convention extend to ensuring that children
have sustained and equal access to comprehensive treatment and care, including necessary
HIV-related drugs, goods and services on a basis of non-discrimination. It is now widely
recognized that comprehensive treatment and care includes anti-retroviral and other drugs,
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