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RIGHT TO HEALTH
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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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