Title: A critique of Kenya's human rights framework that protects children living with HIV's right to access 'comprehensive treatment'
Authors: Irene M. Maithya
Addresses: School of Law, Moi University, P.O. Box 1948-30100, Eldoret, Kenya
Abstract: The course of HIV and AIDS is particularly aggressive in children. All children have the right to enjoy the highest attainable standard of mental and physical health as enshrined in various international human rights instruments. All these treaties have been ratified by Kenya and form part of the domestic legal order as the state is monist. This study explores the concept of access to 'comprehensive treatment' for Children Living with HIV (CLHIV) in Kenya. The study specifically seeks to analyse Kenya's international human rights obligations in ensuring that CLHIV access 'comprehensive treatment'. It is argued that the implementation of these protections remains problematic. This study demonstrates that the Kenyan government's HIV policies, institutions and legal framework manifest gaps and hurdles that hinder access to 'comprehensive treatment'.
Keywords: children living with HIV; child; rights-based approach; HIV; AIDS; comprehensive treatment; international human rights law; Kenya.
International Journal of Human Rights and Constitutional Studies, 2017 Vol.5 No.2, pp.144 - 158
Received: 10 May 2017
Accepted: 27 May 2017
Published online: 05 Dec 2017 *