AN ASSESSMENT OF THE ROLE OF LAW IN THE PROTECTION AND PROMOTION OF RIGHTS OF CHILDREN LIVING WITH HIV/AIDS IN NIGERIA

CHAPTER ONE GENERAL INTRODUCTION

• Background to the Study

There is no doubt that one of the greatest health problem threatening human races presently is the HIV/AID pandemic. The HIV/AIDS epidemic is a massive and rapidly mounting disaster for children.¹ Almost 3 million children are infected with the HIV virus or living with AIDS.² More than 14 million children under the age of 15 have lost one or both parents to AIDS, the vast majority of them in sub-Saharan Africa.³

Globally, it is estimated that 1,150 children become infected with HIV daily and 2.5 million children are living with HIV worldwide⁴ while 80% of these children are from sub- Sahara Africa.⁵ While many children are infected with HIV/AIDS many more are also affected by this epidemic as it is estimated that 15 million children under 18 years have lost one or both parents to AIDS with the majority of 12 million children whom are from sub- Sahara Africa.⁶

In Nigeria, according to UNICEF⁷ statistic it shows that 3.6 million people are living with HIV while 300.000 children are infected with HIV/AIDS.⁸ With over 3 million people living with HIV/AIDS in Nigeria, stigmatization and discrimination are rife against them. Studies have shown that on daily basis children with HIV/AIDS encounter human rights abuse. HIV/AIDS is not a problem of some countries but of the entire world. The epidemic has drastically changed the world in which children live. Millions of children have been infected and have died and many more are gravely affected as HIV spreads through their families and communities. The epidemic impacts on the daily life of younger children, and increases the victimization and marginalization of children, especially those living in particularly difficult circumstances. To truly bring its impact on children under control will require concerted and well-targeted efforts from all countries at all stages of development. Initially children were considered to be only marginally affected by the epidemic. However, the international community has discovered that children are at the heart of the problem. Furthermore, children affected by HIV/AIDS or living with the disease are nearly invisible in the Nigeria government policy response. As these children infected/affected by HIV/AIDS are not only discriminated against in education, health and social care but they are being push onto the street and into the worst forms of child labour. So also gender discrimination makes young more vulnerable to the transmission and make it more difficult for them to get care, lack off confidentially, undermine prevention, care and treatment effort contribute and increase the impact of the epidemic in children.¹⁰Therefore all the above mention forms of practices and discrimination are great violation of children rights as provided under the law. And Nigeria government has done  little to protect and promote the rights of these children already living with or affected by HIV/AIDS, virtually ignoring the large and growing category of these children.