Albania: Discrimination against children with HIV and AIDS must stop

The Children's Human Rights Center in Albania-CRCA and the Association of People Living with HIV/AIDS in Albania-PLWHAA, through this public statement would like to express their deep concern on the violation of the basic rights to education of children living with HIV and AIDS by the educational public institutions in Albania.

This is the second successive year that preschool educational institutions (public kindergartens) under the management of the Ministry of Education and Science of the Republic of Albania refuse to register children living with HIV/AIDS to attend these institutions. This is a flagrant violation of children's rights and openly against Article 28 of the Convention for the Children's Rights of UN, which is ratified by Albania since 1992, against the Article 21 of the Law No. 8689, date 16.11.2000 For prevention of HIV/AIDS in the Republic of Albania and the obligations that the Albanian Government has towards the Declaration of UNGASS of the UN, signed by Albanian Government on July 2006.

In our opinion is unacceptable for the Parliament, Albanian Government and Ministry of Education to allow public institutions, which are funded by the Albanian taxpayers (including persons who live with HIV/AIDS) to discriminate and to violate the child right to education.

In the article 2 of the Convention on the Rights of the Child is written: States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status." and paragraph two states that "States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Meanwhile in the Albanian legislation, Article 21 of the Law No. 8689 stipulates: It is prohibited to dismiss from a job, refuse to offer a job, refuse the attendance in Educational and Health institutions, limitations of other rights and the legal interests of people infected with HIV and of their family members."

On the other hand the refusal to attend the pre-school education for children living with HIV/AIDS goes against the administrative order of the Minister of Education and Science of Albania, where is stipulated that children must attend a minimum one year of a preschool education, before they attend the obligatory elementary education.

We would like not to believe that mentality, stigma and discrimination that the Albanian society has towards people living with HIV/AIDS have also affected public institutions in Albania. This could establish premises to extend the discrimination against children living with HIV/AIDS in all levels of education in Albania, which would be against the policies and legislation of the Albanian Government.

Taking into the above considerations, the Children’s Human Rights Centre in Albania-CRCA and the Association of People Living with HIV/AIDS in Albania- PLWHAA believe that the Albanian Government and especially the Ministry of Education and Science should undertake the following measures:

  • To accept immediately in the pre-school educational institutions all children living with HIV and AIDS who want to attend these institutions;
  • To respect the confidentiality of children living with HIV and AIDS in these institutions;
  • To take serious measures against all the staff of public authorities that discriminate and violate the rights of the children living with HIV and AIDS in Albania;

Such discrimination and violation of children’s rights can not only damage the image of the Albanian Government and its institutions, but also establishes a negative, humiliating and punishing attitude toward children living with HIV and AIDS. This image could also negatively influence the integration process of Albania with the European Union.

The Children’s Human Rights Centre of Albania-CRCA and the Association of People Living with HIV/AIDS in Albania - PLWHAA believe that implementation of the above-mentioned measures and rising of pubic awareness will improve the situations of children living with HIV and AIDS in Albania.

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