Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Integrated Regional Information Networks - December 8, 2003
The decision made by the Johannesburg High Court last week was limited to three "paediatrician working groups" in Johannesburg, the country's economic hub, attorney Liezl Gernholtz of the AIDS Law Project (ALP) told IRIN.
The court ruled in favour of an application made by the ALP and groups of paediatricians working in Chris Hani Baragwanath, Coronation and Johannesburg General hospitals, who challenged existing legislation that prevented orphaned HIV-infected children from receiving antiretroviral (ARV) drugs.
According to the country's Child Care Act, a doctor must obtain permission from parents or a guardian before giving medical treatment to a child under the age of 14. If the child has neither parents nor guardian, permission must be sought from the Minister of Social Development or the courts.
Caregivers or foster parents are prohibited from having orphaned children tested for HIV, or accessing treatment for them if they have the virus, creating delays and frustration for doctors trying to "save young lives", Gernholtz said.
The court's decision had "significant implications" for children in Johannesburg, where an estimated 7,000 children under the age of 14 currently need ARVs. Gernholtz admitted that the issue of children receiving treatment had not been given enough attention, and The ALP would now be looking at extending the court ruling to all orphaned and vulnerable children in the country.
With the government's anticipated rollout of ARVs in the public sector, the Child Care Act could "create a barrier for orphaned and vulnerable children in receiving treatment," she noted.
"We obviously have to act with urgency in making sure that all children who need treatment can get it in the public sector," Gernholtz added.
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