A Critique of Kenya’s Human Rights Framework that Protects Children Living with HIV’s Right to Access ‘Comprehensive Treatment’

Abstract

The course of HIV and AIDS is particularly aggressive in children. All children have the right to enjoy the highest attainable standard of mental and physical health as enshrined in various international human rights instruments. All these treaties have been ratified by Kenya and form part of the domestic legal order as the state is monist.

This study explores the concept of access to ‘comprehensive treatment’ for Children Living with HIV (CLHIV) in Kenya. The study specifically seeks to analyse Kenya’s international human rights obligations in ensuring that CLHIV access ‘comprehensive treatment.’ It is argued that the implementation of these protections remains problematic. This study demonstrates that the Kenyan government’s HIV policies, institutions and legal framework manifest gaps and hurdles that hinder access to ‘comprehensive treatment.’