CRC/GC/2003/3
page 4
their societies with a view to eliminating gender-based discrimination as these norms impact on
the vulnerability of both girls and boys to HIV/AIDS. States parties should, in particular,
recognize that discrimination in the context of HIV/AIDS often impacts girls more severely than
boys.
9.
All the above-mentioned discriminatory practices are violations of children’s rights under
the Convention. Article 2 of the Convention obliges States parties to ensure all the rights set
forth in the Convention without discrimination of any kind, “irrespective of the child’s or his or
her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status”. The Committee
interprets “other status” under article 2 of the Convention to include HIV/AIDS status of the
child or his/her parent(s). Laws, policies, strategies and practices should address all forms of
discrimination that contribute to increasing the impact of the epidemic. Strategies should also
promote education and training programmes explicitly designed to change attitudes of
discrimination and stigmatization associated with HIV/AIDS.
B. Best interests of the child (art. 3)
10.
Policies and programmes for the prevention, care and treatment of HIV/AIDS have
generally been designed for adults with scarce attention to the principle of the best interests of
the child as a primary consideration. Article 3, paragraph 1, of the Convention states “In all
actions concerning children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests of the child shall
be a primary consideration”. The obligations attached to this right are fundamental to guiding
the action of States in relation to HIV/AIDS. The child should be placed at the centre of the
response to the pandemic, and strategies should be adapted to children’s rights and needs.
C. The right to life, survival and development (art. 6)
11.
Children have the right not to have their lives arbitrarily taken, as well as to benefit from
economic and social policies that will allow them to survive into adulthood and develop in the
broadest sense of the word. State obligation to realize the right to life, survival and development
also highlights the need to give careful attention to sexuality as well as to the behaviours and
lifestyles of children, even if they do not conform with what society determines to be acceptable
under prevailing cultural norms for a particular age group. In this regard, the female child is
often subject to harmful traditional practices, such as early and/or forced marriage, which violate
her rights and make her more vulnerable to HIV infection, including because such practices often
interrupt access to education and information. Effective prevention programmes are only those
that acknowledge the realities of the lives of adolescents, while addressing sexuality by ensuring
equal access to appropriate information, life skills, and to preventive measures.
D. The right to express views and have them taken into account (art. 12)
12.
Children are rights holders and have a right to participate, in accordance with their
evolving capacities, in raising awareness by speaking out about the impact of HIV/AIDS on their
lives and in the development of HIV/AIDS policies and programmes. Interventions have been
found to benefit children most when they are actively involved in assessing needs, devising
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