Neglected Population, Neglected Right: Children Living with HIV and the Right to Science

摘要

The laws, language, and tools of human rights have been instrumental in expanding access to lifesavingtreatment for people living with HIV. Children, however, remain a neglected population, as evidencedby inadequate child-specific and child-friendly HIV treatment options. In this article, we explore theright to science, a potentially powerful but underdeveloped right in international law, and its applicationto research and development for pediatric HIV treatment. Drawing on reports of human rights bodiesand scholars and applying the human rights typology of state obligations to respect, protect, and fulfill,we argue that states have five core obligations related to research and development for child-specificand child-friendly treatment: (1) adopting a public goods approach to science and science policy; (2)including and protecting children in research activities; (3) adopting legal and policy frameworks tosupport research and development through public funding and private sector incentives; (4) promotinginternational cooperation and assistance; and (5) ensuring the participation of marginalized communitiesin decision-making processes. In concluding, we make a number of recommendations for states, humanrights bodies, international organizations, civil society, and private industry to further develop andimplement the right to science.