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Abuses Against Children Affected by HIV/AIDS in India Future Forsaken Abuses Against Children Affected by HIV/AIDS in India Human Rights Watch Copyright © 2004 Human Rights Watch All rights reserved Printed in the United States of America ISBN: 1-56432-326-9 Cover photo: ©2003 Zama Coursen-Neff/Human Rights Watch Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 9 rue de Cornavin 1201 Geneva Tel: +41 22 738 04 81, Fax: +41 22 738 1791 [email protected] Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv of your choice by visiting http://hrw.org/act/subscribe- mlists/subscribe.htm Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in Brussels, Geneva, London, Los Angeles, Moscow, New York, San Francisco, Tashkent and Washington. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Allison Adoradio, operations director, Michele Alexander, development director; Carroll Bogert, associate director; Steve Crawshaw, London office director, Barbara Guglielmo, finance director; Lotte Leicht, Brussels office director; Iain Levine, program director; Maria Pignataro Nielsen, human resources director; Dinah PoKempner, General Counsel, Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations representative. The regional division directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Brad Adams, Asia; Rachel Denber (acting), Europe and Central Asia; Sarah Leah Whitson, Middle East and North Africa. The thematic division directors are Steve Goose, Arms; Lois Whitman, Children’s Rights; and LaShawn R. Jefferson, Women’s Rights. The program directors are Arvind Ganesan, Business and Human Rights; Joanne Csete, HIV/AIDS and Human Rights; Richard Dicker, International Justice; Scott Long, Lesbian, Gay, Bisexual, and Transgender Rights; and Jamie Fellner, U.S. Program. The members of the board of directors are Jane Olson, Chair; Khaled Abou El Fadl, Lisa Anderson, Lloyd Axworthy, David M. Brown, William D. Carmichael, Jorge Castañeda, Dorothy Cullman, Edith Everett, Jonathan F. Fanton (chair, 1998-2003), Michael E. Gellert, Richard Goldstone, Vartan Gregorian, James F. Hoge, Jr., Stephen L. Kass, Marina Pinto Kaufman, Wendy Keys, Robert Kissane, Bruce J. Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Kati Marton, Barry Meyer, Joel Motley, Samuel K. Murumba, Peter Osnos, Kathleen Peratis, Catherine Powell, Sigrid Rausing, Victoria Riskin, Orville Schell, Sid Sheinberg, Gary G. Sick, Domna Stanton, John J. Studzinski, Shibley Telhami, and Maya Wiley. Emeritus Board: Roland Algrant, Robert L. Bernstein (Founding Chair 1978-97), Adrian W. DeWind, Alice H. Henkin, Bruce Rabb, and Malcolm B. Smith. Future Forsaken Abuses Against Children Affected by HIV/AIDS in India MAP ....................................................................................................................1 GLOSSARY.......................................................................................................2 I. SUMMARY .................................................................................5 II. BACKGROUND...................................................................... 17 HIV/AIDS in India....................................................................................17 Government Bodies Responsible for HIV/AIDS-Affected Children ........................................................................................................20 NACO and the State AIDS Control Societies .................................. 20 Other Responsible Government Bodies............................................ 23 Funding to Address HIV/AIDS in India................................................25 India’s Education and Health Systems ....................................................27 India’s Health System............................................................................ 28 India’s Education System ..................................................................... 32 III. DISCRIMINATION AGAINST CHILDREN AFFECTED BY HIV/AIDS ...................................................36 Violations of the Right to the Highest Attainable Standard of Health............................................................................................................39 Discrimination by Health Care Providers.......................................... 42 Inaccessible Medical Care..................................................................... 52 Inaccessibility of Basic Drugs and Equipment ............................. 53 Access to Antiretroviral Therapy.................................................... 56 Lack of Psychological and Emotional Health Care for HIV/AIDS-Affected Children........................................................ 57 Domestic and International Law on the Right to the Highest Attainable Standard of Health ............................................................. 59 Sharmila A....................................................................................................62 Violations of the Right to Education.......................................................63 Denial of Access to School .................................................................. 64 Cases of Children Excluded from School ..................................... 67 Bency and Benson......................................................................... 67 Other Cases.................................................................................... 70 Discriminatory Treatment in School .................................................. 75 Other Barriers to Education ................................................................ 76 Ravi K.................................................................................................. 77 School Fees and Related Costs........................................................ 78 Domestic and International Law on the Right to Education ......... 83 Gender Discrimination and Increased Vulnerability of HIV/AIDS-Affected Children .................................................................85 The Government’s Response to Discrimination Against Children Affected By HIV/AIDS............................................................96 International and Domestic Law and Policy on Discrimination.... 96 Government Action to Address Discrimination ............................ 104 Recognition of the Problem........................................................... 104 Official Responses to Cases of Discrimination .......................... 106 Combating Discrimination with Information ................................. 109 Educating Children About HIV/AIDS....................................... 111 Educating Professionals and the General Public........................ 118 Sunita B. and Nisha B. ............................................................................ 122 IV. PROTECTION OF ORPHANS AND OTHER VULNERABLE CHILDREN .............................................. 126 Children in Need of Care: Testimonies of Children and Parents ....................................................................................................... 129 Lalita R. ................................................................................................
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