...... RIGHT TO HEALTH 69 6.18 The Commission desired that these recommendations be referred to State Governments asking them to report on what action they have taken so far on the recommendations and, if no action has been taken then, by what time they would be implementing the recommendations. The Commission is pursuing this matter further. 6.19 The Commission has been taking cognizance of individual instances of discrimination faced by persons affected/infected by HIV/AIDS in the matter of access to education, health care and other facilities. Thus, for instance, the Commission took suo motu cognizance of a news report which appeared in the Hindustan Times on 5 March 2003. According to it, HIV+ve Bensy (aged 7 years) and her brother Benson (aged 5 years) were disowned by their fourth school, the Kaithakuzhi Government Lower Primary School. It was reported that the Government of Kerala decided to start a special school for these children at their home following stiff resistance from the parents and teachers. Upon consideration of the media report, the Commission decided to seek a status report in this matter from the concerned State Government and the Central authorities. Subsequently, the Commission received a report from the Government of Kerala stating that these children were now back in their old school. The Commission also sought and obtained a report from the Government of Kerala on the measures adopted by the State Government to increase awareness about HIV/AIDS in the schools/colleges and amongst the general public. The Government of Kerala informed the Commission that the State Government had formulated a HIV Policy so as to solve the problems faced by HIV affected persons especially children in the society and also to create awareness among the public and that immediate action was being taken to implement the policy. Regarding social integration of persons affected/infected by HIV/AIDS, Ministry of Health and Family Welfare, Government of India informed the Commission that the National Aids Prevention and Control Policy 2002 clearly states that, “the HIV+ve persons should be guaranteed equal rights to education and employment as other members of society. HIV status of a person should be kept confidential and should not in any way affect the rights of the person in employment his/her position at workplace, his/her marital position and other fundamental rights.” The Commission is of the view that there should be a renewed effort by various authorities to increase awareness about HIV/AIDS in the schools/ colleges and amongst the general public. 6.20 The Commission received a number of complaints from certain individuals from USA and France regarding alleged harassment faced by HIV/AIDS outreach workers in India. The Commission referred the points raised in these letters to the National Aids Control Organization with a request to examine and take necessary action in the light of recommendations adopted in the National Conference on HIV/AIDS organized by the Commission jointly with NACO. 6.21 The Commission also considered the reports on the orientation workshops conducted for the media and NGOs on AIDS vaccine development trials, access and deployment by ANNUAL REPORT 2003-04

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