32 156. Concerning the role of legislation in establishing quality services and in the importance of the functions and responsibilities of the protection agencies, the Committee also observed: Legislation should fulfill a number of additional functions in the realization of children’s right to health by defining the scope of the right and recognizing children as rights-holders; clarifying the roles and responsibilities of all duty bearers; clarifying what services children, pregnant women and mothers are entitled to claim; and regulating services and medications to ensure that they are of good quality and cause no harm. States must ensure that adequate legislation and other safeguards exist to protect and promote the work of human rights defenders working on children’s right to health.185 157. With specific regard to the issue of HIV/AIDS, in its General Comment No. 3 “HIV/AIDS and the rights of the child”, the Committee referred to the importance of preventing HIV/AIDS in children, due to the profound impact it has on their lives and on the exercise of their rights, including the right to “life, survival and development” and other social rights.186 3. Analysis of the Present Case 158. In light of the evidence in the present case, there is no dispute as to the following facts:
 - On June 22 1998, three-year old TGGL was admitted to the Humanitarian Clinic where she was diagnosed with thrombocytopenic purpura; her mother was told that she needed an urgent blood and platelet transfusion.
 - In these circumstances, TGGL’s mother went to the city’s Red Cross Blood Bank, and was told she had to bring donors.
 - TGGL’s mother then asked for help from two acquaintances, among them HS, who actually donated blood the same day.
 - On the same day, June 22, 1998, the Blood Bank dispatched blood products for TGGL on two occasions: the blood was delivered in the afternoon, and the platelets at night. 
 - The transfusion of these products was administered on the same day, June 22, 1998, at the Humanitarian Clinic, and was completed on the following day. 
 - At the Blood Bank, tests on HS’s blood, including tests for HIV, were performed on June 23, 1998. In the registers there is a positive HIV result entry. 
 - TGGL was discharged on June 29, 1998. Approximately one month afterwards, the doctor who had initially diagnosed her with thrombocytopenic purpura requested that an HIV test be performed, which gave a positive result. - At the same time, a few days after the donation, the Blood Bank called donor HS, and an HIV test was performed on him. Afterwards he was told he was a virus carrier. 
 - Neither TGGL’s mother, father, nor her brother is an HIV carrier. 185 CRC. General Comment No. 15. On the right of the child to the enjoyment of the highest attainable standard of health, para. 95. 186 CRC. General Comment No. 15. On the right of the child to the enjoyment of the highest attainable standard of health, para. 5.

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