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lives of all children that it affects all their rights - civil, political, economic, social and cultural.
The rights embodied in the general principles of the Convention - the right to non-discrimination
(art. 2), the right of the child to have his/her interest as a primary consideration (art. 3), the right
to life, survival and development (art. 6) and the right to have his/her views respected (art. 12) should therefore be the guiding themes in the consideration of HIV/AIDS at all levels of
prevention, treatment, care and support.
6.
Adequate measures to address HIV/AIDS can be undertaken only if the rights of children
and adolescents are fully respected. The most relevant rights in this regard, in addition to those
enumerated in paragraph 5 above, are the following: the right to access information and material
aimed at the promotion of their social, spiritual and moral well-being and physical and mental
health (art. 17); the right to preventive health care, sex education and family planning education
and services (art. 24 (f)); the right to an appropriate standard of living (art. 27); the right to
privacy (art. 16); the right not to be separated from parents (art. 9); the right to be protected from
violence (art. 19); the right to special protection and assistance by the State (art. 20); the rights of
children with disabilities (art. 23); the right to health (art. 24); the right to social security,
including social insurance (art. 26); the right to education and leisure (arts. 28 and 31); the right
to be protected from economic and sexual exploitation and abuse, and from illicit use of narcotic
drugs (arts. 32, 33, 34 and 36); the right to be protected from abduction, sale and trafficking as
well as torture or other cruel, inhuman or degrading treatment or punishment (arts. 35 and 37);
and the right to physical and psychological recovery and social reintegration (art. 39). Children
are confronted with serious challenges to the above-mentioned rights as a result of the epidemic.
The Convention, and in particular the four general principles with their comprehensive approach,
provide a powerful framework for efforts to reduce the negative impact of the pandemic on the
lives of children. The holistic rights-based approach required to implement the Convention is the
optimal tool for addressing the broader range of issues that relate to prevention, treatment and
care efforts.
A. The right to non-discrimination (art. 2)
7.
Discrimination is responsible for heightening the vulnerability of children to HIV and
AIDS, as well as seriously impacting the lives of children who are affected by HIV/AIDS, or are
themselves HIV infected. Girls and boys of parents living with HIV/AIDS are often victims of
stigma and discrimination as they too are often assumed to be infected. As a result of
discrimination, children are denied access to information, education (see the Committee’s
General Comment No. 1 on the aims of education), health or social care services or community
life. At its extreme, discrimination against HIV-infected children has resulted in their
abandonment by their family, community and/or society. Discrimination also fuels the epidemic
by making children in particular those belonging to certain groups like children living in remote
or rural areas where services are less accessible, more vulnerable to infection. These children are
thus doubly victimized.
8.
Of particular concern is gender-based discrimination combined with taboos or negative or
judgemental attitudes to sexual activity of girls, often limiting their access to preventive
measures and other services. Of concern also is discrimination based on sexual orientation. In
the design of HIV/AIDS-related strategies, and in keeping with their obligations under the
Convention, States parties must give careful consideration to prescribed gender norms within