Annual Report - National Human Rights Commission

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Annexure 9 Paras 7.24 Letter of the Chairperson of the Commission dated 6 th September 2004 to the Chief Ministers of all States/UTs regarding protection of Human Rights of children infected/affected by HIV/AIDS D.O.No. 11/6/2003-PRP&P 6 September 2004 Dear Chief Minister, The National Human Rights Commission is deeply concerned about the protection of human rights of children infected/affected by HIV/AIDS. In March 2003, the Commission took suo motu cognizance and initiated proceedings in the case of Bency (aged seven years) and her brother Benson (aged five years), who faced discrimination in their access to education owing to their HIV+ve status in Kerala. In yet another case of similar nature involving children, the Commission intervened to secure justice for Akshara and Anantakrishnan from Kerala. The Commission has also come across instances from other States in which children were turned away from schools, clinics and orphanages because they and their family members are HIV+ve. In particular, there was a case of a six-year old girl who has been asked not to return to the school and was also refused treatment by a local doctor in Maharashtra. The Human Rights Watch, an international non-governmental organization, in its report, “Future forsaken; abuses against children affected by HIV/AIDS in India” has criticized the Government for doing “little to protect children already living with HIV/AIDS” and “for virtually ignoring” the affected children. It is said that children are not an important factor in policy formulation. The Commission recently considered the above report and commends the following recommendations: 1. Enact and enforce legislation to prevent children living with HIV/AIDS from being discriminated against, including being barred from attending schools. 2. Address school fees and related costs that keep children, especially girls, from going to school. 256 National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 276 7/17/06, 6:31 PM
Annexure 9 ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 3. Provide all children, both in and out of school, with comprehensive, accurate and ageappropriate information about HIV/AIDS. 4. Provide care and protection to children whose parents are unable to care for them due to HIV/AIDS. Institutional arrangements must be made for extending medical aid to such children [Hospitals and medical professionals should not be allowed to turn away people who are HIV+ve from being treated]. May I request you kindly to have appropriate action initiated on the above recommendations? The Commission would like to know the details of steps proposed to be taken in this regard. With regards, Yours sincerely, All Chief Ministers of States and UTs and Administrators Sd/- (A.S.Anand) National Human Rights Commission Annual Report - 2004-2005 257 AR-Chapter-1-19-10-6-06.p65 277 7/17/06, 6:31 PM
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NATIONAL HUMAN RIGHTS COMMISSION An
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NATIONAL HUMAN RIGHTS COMMISSION An
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Contents 1 Introduction............
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Contents ○ ○ ○ ○ ○ ○
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An Overview ○ ○ ○ ○ ○ ○
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An Overview ○ ○ ○ ○ ○ ○
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Civil Liberties ○ ○ ○ ○ ○
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Complaints Before the Commission
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Economic, Social and Cultural Right
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Rights of the Disabled ○ ○ ○
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Food Security ○ ○ ○ ○ ○
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Food Security ○ ○ ○ ○ ○
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Right to Health ○ ○ ○ ○ ○
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Rights of Women and Children ○
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Scourge of Bonded Labour ○ ○
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Rights of the Vulnerable ○ ○
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Rights of the Vulnerable ○ ○
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Internally Displaced Persons ○
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Internally Displaced Persons ○
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Research Studies and Projects ○
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Promotion of Human Rights Literacy
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International Cooperation ○ ○
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A Review of Laws ○ ○ ○ ○
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A Review of Laws ○ ○ ○ ○
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Administration and Logistic Support
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Summary of Principal Recommendation
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Page 225 and 226: Summary of Principal Recommendation
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Annexure 13 ○ ○ ○ ○ ○ ○
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Annexure 16 Para 1 4.8 Statement of
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Annexure 17 ○ ○ ○ ○ ○ ○
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Annexure 18 Para 17.5 Letters from
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Annexure 19 Para 17.5 Letter from t
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Annexure 19 ○ ○ ○ ○ ○ ○
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State wise List of Cases Registered
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Nature and Categorisation of the Ca
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Cases Dismissed in limini During th
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National Human Rights Commission An
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Annual Report - National Human Rights Commission

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