Save the Children
Philippines welcomes new law allowing 15 years old and above to get
tested for HIV without consent of parents, guardians
Press Release
January 11, 2019
MAKATI CITY – Save
the Children Philippines welcomed the signing of the law that
finally allows minors aged 15 years and above to get tested for HIV
without consent from parents or guardians.
Lawyer Albert Muyot, Chief
Executive Officer of Save the Children Philippines said the new “HIV
and AIDS Policy Act” or Republic Act 1116 signed by President
Duterte on December 20, 2018 amended RA 8504 or the Philippine AIDS
Prevention and Control Act that requires all minors to get a consent
from parents or guardians before they can undergo an HIV test.
Muyot said the law
recognizes the rights of children to health and protection from HIV.
He said giving minors aged
15 years old and above access to HIV testing is consistent with the
United Nations Convention on the Rights of the Child where the
government exercises responsibility to protect and assist families
to nurture their children.
The new law allows minors
aged 15-17 years old access to undergo voluntary HIV testing without
parental consent, which was previously required under RA 8504.
Muyot welcomed provisions
in the new HIV law that highlights participatory rights of children
where their views are respected, “when adults are making decisions
that affect children.”
Section 29 of the new HIV
law allows any young person aged 15 and below who is pregnant or
engaged in high risk behavior to access HIV testing and counseling
with assistance from a licensed social worker or health worker.
When parents or guardians
cannot be located or refuses to give consent, the minor aged 15
years old and below can still access HIV test and counseling through
a consent from a social worker or health worker. “To protect the
best interest of the child, the assent of the minor shall also be
required prior to the testing,” said RA 1116, Section 29.
He said the new law is
aligned with Article 5 of the UN convention that encourages parents
to deal with rights issues "in a manner consistent with the evolving
capacities of the child.”
The Philippines is one of
the countries with the highest number of HIV cases in the world,
with an average of 32 persons getting diagnosed with HIV daily.
Latest figures from the
Department of Health showed that there are 1,072 new cases of HIV in
the Philippines as of October 2018, with 306 of them young people
aged 15 to 24.
The percentage of youth
getting infected with HIV has ballooned to 29 per cent from 13 per
cent over the last decade.
“The steady rise of HIV
cases among minors has been a cause for alarm since they cannot open
up to their parents and guardians and get treatment due to social
stigma,” said Muyot.
The lack of access to
testing centers without consent from parents and guardians has
deepened the problem as minors continue to contract and spread HIV.
Save the Children
Philippines, in partnership with Global Fund implements an HIV
prevention project targeting key populations of men who have sex
with men, transgender women, people who inject drugs and young key
populations.
The project assists in
setting up community HIV centers in addition to Social Hygiene
Clinics in different localities that provide free access to
HIV-related services. The project also employs community health
workers who conduct testing among target communities and facilitate
enrollment to treatment of those who test positive.
Save the Children
Philippines joined the Committee on Children and HIV/AIDS (ComCHA)
being led by the Council for the Welfare of Children in pushing for
the “Proxy Consent Protocol” that allows those 18 years old and
below to get HIV test through a consent from a health or social
worker.
The passage of the new HIV
law means that the protocol will only be needed for those who are
under 15.
“The issue of HIV/AIDS is
a global health concern that can only be addressed with measures
that respect the rights of people especially minors to access health
services such as HIV testing and treatment,” said Muyot.