Protecção jurídica da criança no contexto da transmissão vertical do HIV: estudo de caso realizado na província de Maputo, distrito da Matola ( 2019-2022)

Abstract

Vertical transmission of HIV, which occurs from mother to child during pregnancy, childbirth or breastfeeding, represents a significant challenge to public health and children's rights. The Constitution of the Republic of Mozambique of 2004, as well as Law No. 19/2014, Law on the Protection of Persons and Workers against HIV and AIDS, and Law No. 7/2008, of July 9, the Basic Law on the Promotion of Children's Rights in Mozambique, recognize the right to health as a fundamental right of children. The Mozambican government, with the support of international organizations, implements programs to prevent mother-to-child transmission of HIV, such as offering antiretroviral treatment during pregnancy, childbirth and breastfeeding. Access to HIV tests for pregnant women is also available, helping to identify cases of vertical transmission of the virus. However, the availability and accessibility of health services can be limited in some regions, especially in the most remote areas of the country. Women and children, especially in rural contexts, can face difficulties in accessing quality health services, such as getting tested and receiving appropriate treatment, as well as access to HIV testing and treatment, revealing a number of issues that not only give rise to legal loopholes, but also cause a number of violations of children's rights, so despite advances in access to treatment and awareness of the prevention of mother-to-child transmission of HIV, there are still significant gaps in the application of legislation and child protection practices