CRC/GC/2003/3
page 9
diagnostics and related technologies for the care of HIV/AIDS, related opportunistic infections
and other conditions, good nutrition, and social, spiritual and psychological support, as well as
family, community and home-based care. In this regard, States parties should negotiate with the
pharmaceutical industry in order to make the necessary medicines locally available at the lowest
costs possible. Furthermore, States parties are requested to affirm, support and facilitate the
involvement of communities in the provision of comprehensive HIV/AIDS treatment, care and
support, while at the same time complying with their own obligations under the Convention.
States parties are called upon to pay special attention to addressing those factors within their
societies that hinder equal access to treatment, care and support for all children.
G. Involvement of children in research
29.
Consistent with article 24 of the Convention, States parties must ensure that HIV/AIDS
research programmes include specific studies that contribute to effective prevention, care,
treatment and impact reduction for children. States parties must, nonetheless, ensure that
children do not serve as research subjects until an intervention has already been thoroughly
tested on adults. Rights and ethical concerns have arisen in relation to HIV/AIDS biomedical
research, HIV/ADS operations, and social, cultural and behavioural research. Children have
been subjected to unnecessary or inappropriately designed research with little or no voice to
either refuse or consent to participation. In line with the child’s evolving capacities, consent of
the child should be sought and consent may be sought from parents or guardians if necessary, but
in all cases consent must be based on full disclosure of the risks and benefits of research to the
child. States parties are further reminded to ensure that the privacy rights of children, in line
with their obligations under article 16 of the Convention, are not inadvertently violated through
the research process and that personal information about children, which is accessed through
research, is, under no circumstances, used for purposes other than that for which consent was
given. States parties must make every effort to ensure that children and, according to their
evolving capacities, their parents and/or their guardians participate in decisions on research
priorities and that a supportive environment is created for children who participate in such
research.
V. VULNERABILITY AND CHILDREN NEEDING
SPECIAL PROTECTION
30.
The vulnerability of children to HIV/AIDS resulting from political, economic, social,
cultural and other factors determines the likelihood of their being left with insufficient support to
cope with the impact of HIV/AIDS on their families and communities, exposed to the risk of
infection, subjected to inappropriate research, or deprived of access to treatment, care and
support if and when HIV infection sets in. Vulnerability to HIV/AIDS is most acute for children
living in refugee and internally displaced persons camps, children in detention, children living in
institutions, as well as children living in extreme poverty, children living in situations of armed
conflict, child soldiers, economically and sexually exploited children, and disabled, migrant,
minority, indigenous, and street children. However, all children can be rendered vulnerable by
the particular circumstances of their lives. Even in times of severe resource constraints, the
Committee wishes to note that the rights of vulnerable members of society must be protected and
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