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Children’s Rights, Confidentiality and HIV Testing

HIV Testing 12 Years or Older

If a child is 12 or older, the child has the same rights to confidentiality as an adult. This means that a child who consents to an HIV test has the right to keep his or her result private. Nobody is allowed to disclose (tell anyone) the HIV status of someone who is 12 or older without his or her consent.

HIV Testing 12 Years or Younger

When a child is younger than 12, the child cannot consent to an HIV test. The consent of a parent or guardian is necessary. The parent or guardian has a right to decide whether to disclose the results of the test to the child. A lot depends on:

  • Whether the child is old enough to understand the results
  • What is in the child’s best interests

If the child does not have parents or a guardian, the parents or guardian are not available or they cannot be found in time, then consent to general medical treatment or operation (which is not risky to the child’s life or health) can be given by one of these people:

  • A person with parental power over the child (e.g. a teacher or relative)
  • A person who has custody of the child (e.g. a foster parent or the head of a children’s home)
  • The social development minister