infection by HIV and to the impact of HIV and AIDS

Anti-discrimination and protective laws should be enacted to reduce human rights violations against children in the context of HIV, so as to reduce the vulnerability of children to infection by HIV and to the impact of HIV and AIDS. Such laws should provide for children’s access to HIV-related information, education and means of prevention inside and outside school, govern children’s access to voluntary testing with consent by the child, in line with the evolving capacities of the child, or by the parent or appointed guardian, as appropriate, should protect children against mandatory testing, particularly if orphaned by AIDS, and provide for other forms of protection in the context of orphans, including inheritance and/or support. Such legislation should also protect children against sexual abuse, provide for their rehabilitation if abused and ensure that they are considered victims of wrongful behaviour, not subject to penalties themselves. Protection in the context of disability laws should also be ensured for children.
(h) Anti-discrimination and protective laws should be enacted to reduce human rights violations against men having sex with men, including in the context of HIV, in order, inter alia, to reduce the vulnerability of men who have sex with men to infection by HIV and to the impact of HIV and AIDS. These measures should include providing penalties for vilification of people who engage in same-sex relationships, giving legal recognition to same-sex marriages and/or relationships and governing such relationships with consistent property, divorce and inheritance provisions. The age of consent to sex and marriage should be consistent for heterosexual and homosexual relationships. Laws and police practicesrelating to assaults against men who have sex with men should be reviewed to ensure that adequate legal protection is given in these situations.
(i) Laws and regulations that provide for restrictions on the movement or association of members of vulnerable groups17 in the context of HIV should be removed in both law (decriminalized) and law enforcement.
(j) Public health, criminal and anti-discrimination legislation should prohibit mandatory HIV-testing of targeted groups, including vulnerable groups