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.