Rules regarding testing and confidentiality for children include:

• Children who are 12 years or older can consent to medical treatment or a surgical operation on their own
• If the child is younger than 12 years, the child cannot consent to an HIV test without the consent of the parent or guardian. The test results must be given to the parents or guardian, unless the child is of sufficient maturity to understand the benefits, risks and social implications of such a test.
• If a child consents to an HIV test, they have the right for the information to be kept confidential, even from the child’s parents
• A school does not have to be told about a child’s HIV status
• A children’s home or place of safety can be told of a child’s HIV status if the child is under 12 and it is in the child’s best interests for this information to be passed on. The information must be kept confidential by the staff of the home, and the child must not suffer any kind of discrimination because of it.

Confidentiality is a common law right, and also protects children. The law does not say that a child’s HIV status must be disclosed to a school. We recommend that parents or caregivers think carefully about what is in the child’s best interests before deciding whether to disclose this information.

(See: Confidentiality)