AIDS LEGAL NETWORK
HIV, AIDS & LAW REFORM:
REDUCING THE IMPACT ON AND THE VULNERABILITY OF WOMEN AND GIRL CHILDREN
MISSION STATEMENT
The AIDS LEGAL NETWORK (ALN) is a national network of concerned organisations and individuals committed to the promotion and advancement of the principles of non discrimination, equality and rights in relation to all persons affected by HIV and AIDS, through lobbying, advocacy, training and litigation undertaken by affiliates at a national and provincial level.
EXECUTIVE SUMMARY ‘The virus has attacked the fundamental human rights of women, leaving them powerless to protect themselves against infection. The international [and also the South African] response to the epidemic has compounded this abuse of rights by failing to recognise that the disadvantaged status of women is a cause of their vulnerability to HIV, and by refusing to permit the rights and needs of women to play a part in shaping HIV strategies.’
RECOGNISING THAT: 1. HIV and AIDS impacts on women and girl children in a number of ways.
2. Pre-existing social and economic conditions under which women live increases their vulnerability to HIV and AIDS.
THEREFORE: 3. Responses to the challenges of the epidemic should be based on the twin approach of:
3.1 A recognition that the impact of HIV and AIDS has specific gender implications for women.
3.2 Women can only change their behaviour when they have the power, legal protection, opportunity or ability to make and implement decisions that impact on their lives.
THEREFORE, WE RECOMMEND THAT:
A. LAW REFORM PROCESS AND PRIORITIES A1. Government adopt a broad understanding of law reform, which;
1.1 ensures greater participation of women in the law making process.
1.2 incorporates and actively supports (including financial support) for education regarding the content and enforcement of laws.
1.3 incorporates the development of policies and regulations that may provide greater guidelines in respect of the implementation of the laws.
A2. Government should create an enabling environment and in particular an enabling legal environment.
A3. Government must prioritise effective law enforcement and just administrative procedures.
A4. Government should adopt legislation that brings about the realisation of the socio-economic rights.
A5. Government should adopt a gendered approach to law making. B. SPECIFIC ISSUES ALREADY IDENTIFIED
B1. MOTHER-TO-CHILD TRANSMISSION OF HIV As there is no legal right for women with HIV to claim AZT or nevirapine from the Sate, the ALN urges the Department of Health to provide this treatment on public health grounds. Providing treatment to prevent mother to child transmission of HIV has be a cost effective and appropriate way of dealing with the issue.
The Department of Health to:
B1.1 Formulate a comprehensive policy on mother to child transmission of HIV.
B1.2 To provide voluntary HIV testing and counselling services before and during pregnancy.
B1.3 To make AZT or Nevirapine available during pregnancy and labour.
B1.4 To provide cost effective birthing options and procedures, which reduce the transmission of HIV from mother to child.
B1.5 To formulate a policy of informing HIV mothers about breastfeeding risks and the options of formula feeding and to support them in making a decision which will be appropriate for their circumstances.
B1.6 To provide formula feed.
B2. RAPE AND HIV We call on the State to give meaning to every women’s right to equality, dignity, freedom and security of the person and access to health care services, including reproductive health care, and:
B2.1 Formulate a comprehensive policy on rape and HIV/AIDS.
B2.2 Ensure that all rape survivors are given accurate information and counselling on:
B2.2.1 The risk of HIV transmission as a result of rape.
B2.2.2 Other ramifications such as the possibility of infecting an unborn child or sexual partner.
B2.2.3 The advantages and disadvantages of HIV testing of the rape survivor and the sexual offender and
B2.2.4 The effect of post-exposure prophylaxis in reducing the risk of HIV transmission.
B2.3 Ensure that all rape survivors are provided with access to voluntary HIV testing services, accompanied by pre- and post-test counselling.
B2.4 Ensure that post-exposure prophylaxis is available and accessible to rape survivors who wish to pay for it.
B2.5 Ensure that all service providers such as police and district surgeons receive training on rape, HIV and AIDS.
B2.6 Support further research into the efficacy of post-exposure prophylaxis to prevent HIV transmission as a result of rape.
B2.7 Immediately investigates measures to provide post-exposure prophylaxis to rape survivors at State expense.
B2.8 Ensure public information campaigns challenge rape and violence against women, and correct false beliefs that criminal practices such as rape of virgins or children are a cure.
B2.9 Strengthen laws around rape, HIV and AIDS.
B2.10 Ensure that the many laws put in place by government to strengthen and expand women’s democratic rights are fully implemented to raise their status in reality.
B3. LAW REFORM ISSUES REQUIRING FURTHER DISCUSSION AND CONSENSUS B3.1 More effective ways for women to gain medical benefits for HIV / AIDS related illness. Medical Schemes Act, 131 of 1998 (Section 29)
B3.2 More stringent rules on women being dealt with by female correctional officials. Correctional Services Act, 8 of 1959 (Section 24)
B3.3 Evaluation of whether the age of consent for marriage is appropriate. Marriage Act, 25 of 1961 (Section 24)
B3.4 Specific right to claim compensation where accidents result in transmission of HIV. Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (Section 65)
B3.5 Re-evaluate the limit on benefits. Unemployment Insurance Act, 30 of 1966 (Sections 33, 36 and 37)
B3.6 Regulation of the practice of Female Circumcision.
B3.7 Seduction - needs to be looked at as a possible protection for women. (Common law)
A. THE AIDS LEGAL NETWORK
1. INTRODUCTION This presentation was prepared for the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women. The broad theme of the public hearings of the Committee (21 September 2001) is to examine ways to address the impact of HIV and AIDS on women and girls.
While I am present to day to make this presentation, I recognise the role played by my colleagues within the ALN, the provincial stakeholders and persons affected by HIV and AIDS in the preparation of this presentation.
It is, effectively, the product of research, including a legal audit (1999 & 2000), a workshop with women’s organisations (2001) and numerous provincial workshops and seminars with AIDS Service Organisations and other human rights organisations including Community Based Organisations. Above all, it is influenced by the realities of women affected by HIV and AIDS as accounted on numerous occasions during workshops and through seeking legal advice.
For most part, the presentation will address the challenges of HIV and AIDS in respect of women. The ALN has not done extensive work in respect of girl children apart from supporting the work of our social partners.
2. BROAD OBJECTIVES OF THE NETWORK To link individuals, organisations and networks in order to share experiences resources and information on HIV & AIDS, legal and human rights.
To promote provincial, national and international law reform to advance the rights of persons with HIV & AIDS.
To encourage cultural adaptation in addition to legal remedies and promote behaviour change to assert the dignity and autonomy of all persons affected by HIV & AIDS.
To promote legal literacy, human rights education on HIV, AIDS and paralegal training.
To monitor and respond to breaches of human rights.
3. HISTORY OF ALN The South African AIDS Legal Network was launched at a founding conference attended by multi stakeholders in November 1994. It’s primary focus is to respond to legal and ethical challenges presented by the HIV/AIDS epidemic. Initially a volunteer network, the ALN is now governed by a Board of Directors, employs full time staff and raises funds for interventions aimed at achieving its objectives.
3.1 Historical Focus Over the years, the ALN has works consistently to contribute to the creation of a democratic society with special focus on:
messages related to the respect for human rights,
raising awareness about the legal and human rights of persons affected by HIV and AIDS,
paralegal training to increase the capacity for legal advice and access to legal services
participating in law reform processes including work with the SA Law Commission, Departments of Correctional Service, Health, Social Welfare and Labour.
The main emphasis of the work of the ALN has always been to increase the capacity of civil society (NGOs and CBOs) to increase their capacity regarding HIV/AIDS, legal and human rights and to assist organisations and individuals to address discrimination and infractions of the law.
3.2. Snapshot of ALN Involvement and Successes
Criminalisation of HIV Transmission. The ALN consulted with provincial stakeholders and made a submission to the South African Law Commission (SALC) on the above-mentioned issues when the SALC, on request by the Department of Justice, investigated this matter. In essence, the ALN recommended that criminal law remedies should only form one aspect of the state’s response to harmful HIV-related behaviour.
HIV, AIDS and Education The ALN has been active in promoting the policy on the Management of HIV/AIDS in Schools. Recognising that both formal and non-formal education sectors are uniquely placed to influence the epidemic and in the absence of any other popular literature, the ALN developed and distributed a pamphlet on the policy.
This pamphlet has now been re-produced and translated into Afrikaans and isiXhosa by the Western Cape Department of Education for distribution to all schools in the province.
Patients’ Rights The ALN regularly addresses health care workers across the country educating staff on the rights of individuals who test HIV positive and patients with AIDS.
HIV/AIDS and Employment Together with its national partners, the ALN successfully urged government to adopt the Employment Equity Act (1998) with the prohibition of discrimination based on HIV and AIDS and also the total prohibition of HIV testing. Subsequent to this, the ALN participated in a Department of Labour Working Committee to develop the Code of Good Practice on HIV/AIDS & Employment.
Parallel to this, the ALN has an ongoing project training employers and employees about HIV/AIDS and the Workplace – legal provisions and developing a Workplace Policy. This kind of work is also offered to NGOs.
HIV, AIDS & Vaccines In the context of its Treatment Project, the ALN is involved in education, dissemination of information and legal advice regarding the human rights approach to the development of an HIV vaccine.
4. Overview of current programme objectives
4.1 Focus areas Within the current programme, the ALN focuses specifically on the following areas:
General HIV, AIDS and legal and human rights issues. This includes all the areas of law with special emphasis on legal advice and increasing the capacity of NGOs and CBOs to incorporate the legal and human rights issues.
Treatment aspects with a special focus on the development of a vaccine.
Gender and HIV/AIDS with a special focus on using the law to reduce the vulnerability of women and girl children to HIV and AIDS.
4.2 Services The services provided by the ALN include:
Networking
Publication and dissemination of information products.
Publication of the AIDS Legal Quarterly, the ALN newsletter
Promotion and facilitation of provincial, national and international networking
Facilitation and presentation at local and international conferences and seminars
Training and awareness raising
Training of Trainers Course
Support programmes for trainers
Seminars
Lobbying and advocacy
Mobilising and informing stakeholders
Preparing submissions and making representations
4.3 ALN specific project objectives re: women, girl child and HIV/AIDS While the ALN follows an integrated approach in respect of gender, it has a special Gender, HIV, AIDS & t he Law Project. The objectives of that project are:
Ensuring that law and policy makers are sensitive to; and responsive to the needs of women. Further that they respond to the needs of women and the girl child by developing and implementing laws and policies which aim at reducing their vulnerability to HIV; and
Increasing awareness of and developing the capacity of civil society and the state to respond to the HIV/AIDS legal and policy needs of women, and the girl child through providing services, undertaking research, education and monitoring of law reform.
B. WOMEN, GIRL CHILDREN AND VULNERABILITY TO HIV AND AIDS
1. HIV AND AIDS IMPACTS ON WOMEN AND GIRL CHILDREN IN A NUMBER OF WAYS Statistical information available in the form of the Department of Health’s Antenatal Survey and international organisations such as the World Health Organisation (WHO) and the United Nations Joint Program on HIV and AIDS (UNAIDS) all indicate:
an increase in the number of persons testing positive for HIV and
an increased number of women testing positive for HIV.
This growing HIV/AIDS epidemic is threatening to cripple or curb social and economic advancement, represent a global challenge, which adversely affects economic growth, democratic governance, the environment, population and health, thereby posing a major risk to sustainable development.
2. PRE-EXISTING SOCIAL AND ECONOMIC CONDITIONS UNDER WHICH WOMEN LIVE INCREASES THEIR VULNERABILITY TO HIV AND AIDS In South Africa, the epidemic is well established with the highest number of new HIV infections occurring amongst women. Women’s vulnerability has been attributed to a wide range of factors, including biological, sexual, socio-economic and macro factors.
Women, due to their social and sexual insubordination are disproportionately affected by the HIV/AIDS epidemic, both in terms of their own vulnerability to HIV infection and in terms of bearing the consequences of caring for infected family members and children.
Furthermore the social, economic and cultural determinants of HIV infection in women are very different to those in men because they relate directly to the role of women in relationships, families and the community. This in turn determines the nature and patterns of sexual activity and other factors, which place women at heightened risk of HIV infection.
In the light of this it is being increasingly recognised that our response to the epidemic must be based on the twin approach of reducing the impact on and the vulnerability of individuals (in our context women and girl children) to HIV infection.
And, therefore, the assumptions that:
• The impact of the HIV/AIDS has specific gender implications for women; and
• An acceptance that women can only change their behaviour when they have the power, legal protection, opportunity or ability to make and implement decisions that impact on their lives.
3. RESPONDING TO THE IMPACT ON AND VULNERABILITY OF WOMEN AND GIRL CHILDREN TO HIV AND AIDS
3.1 The role of law in responding to the challenges It is well recognised that law has both a direct and an indirect role in protecting and promoting the rights of women. The direct role of law being to protect the rights of women by ensuring that their human rights are reflected in all national laws.
It means for example there should be a duty on our law makers to ensure women and girl children have a right to access post exposure prophylaxis (PEP) after a rape as this failure makes many victims of rape vulnerable to being infected with HIV during the attack.
The indirect role of law is to ensure that the enhanced legal status of women is used as one of the means of changing the cultural and social status of women in the community.
In South Africa we have one of the most progressive constitutions in the world. However women and girl children in South Africa continue to face unfair discrimination, violence and exclusion from many spheres of social, political and economic life. Women also form the group most vulnerable to HIV and in this context we must therefore, examine the role law can play in reducing the impact on and vulnerability of women and girl children to HIV and AIDS.
3.2 Short comings in the enabling legal environment The ALN believes that although South Africa has a good legal framework the law is failing to protect women and girl children as:
Women and girl children are not aware of their rights and how to use them.
Social support does not exist to support legal interventions.
Laws are frequently not fully implemented.
Our enforcement mechanisms are weak and frequently discredited. People do not believe that the police or courts will help them and therefore do not approach these services; and
While the legal system firmly protects the equality rights of all individuals to non-discrimination, the legal framework regarding socio-economic rights is not protective.
C. CONTEXTUALISING THE PRINCIPLES Since the establishment of a democratic society, we have worked hard to establish an enabling legal environment ensuring the realisation of the rights. Therefore, ensuring that women are able to change their behaviour when they have the power, legal protection, opportunity or ability to make and implement decisions that impact on their lives.
Some of the highlights are:
1. SOCIO-ECONOMIC ENVIRONMENT In the area of employment, our laws objectively provide a wide range of protection and greater legal opportunities for employment for women; many women are deprived of entering the job market. The reasons for these include historical oppression of women or because their partners do not believe that women should work. These circumstances increase the vulnerability of women to abuse and enable their partners to maintain exclusive economic power.
The law offers a wide range of protection via the Basic Conditions of Employment Act, Labour Relations Act, Employment Equity Act, Occupational Health & Safety Act, Compensation for Occupational Injuries and Diseases Act and the Unemployment Insurance Act.
Types of the protection afforded to women by these Acts include:
four months consecutive maternity leave with unemployment payment and protection from dismissal in the event that a woman took maternity leave
unemployment, illness, maternity and adoption benefits
safe & healthy work environments including the fact that a pregnant or nursing woman may not be required to perform work hazardous to her health or that of the foetus and of the baby
protection against discrimination on the basis of sex , gender, marital status, pregnancy, family responsibility and protection against sexual harassment
prohibition of HIV testing unless the Labour Court authorises the testing
compensation for injuries following an occupational accident or contracting an occupational disease
Each of the Acts specifies criteria that have to be satisfied in order to access these benefits or protective measures.
2. ACCESS TO APPROPRIATE HEALTH CARE SERVICES There are a number of laws impacting on women’s vulnerability to HIV in the context of health services. Some of the provisions also give content to the Constitutional rights. These include:
Legal termination of a pregnancy in the Choice of Termination of Pregnancy Act, 1996. Since having a baby can weaken her immune system, this provision assists women by limiting her vulnerability.
The right to sterilisation and the circumstances in which it may occur in the Sterilisation Act, 1998.
An inexpensive and efficient way for women to avert further abuse or threat from their partners in the Domestic Violence Act, 1998.
Benefits under medical schemes including the prohibition to exclude women who are HIV positive in the Medical Schemes Act, 1998.
The prohibition of male officials to take care of female mentally ill patients while in detention in Mental Health Act, 1973. In addition, the Act makes it a criminal offence for any person to have intercourse with a female detained in an institution.
Executive powers by the Minister of Health that could well be utilised to further promote the rights of women who are vulnerable to transmission of HIV in the Health Act, 1977 read together with the National Policy for Health Act, 1990.
The control of the distribution of medicines, including the registration of medicines in the Medicines and Related Substances Control Act, 1965.
3. WOMEN AND SEXUAL OFFENCES The law regulates sexual behaviour in providing for offences to curb unacceptable behaviour. The Sexual Offences Act deals, for example, with issues related to sex work and child prostitution while the Common Law provides for the criminal offence of Rape.
The South African Law Commission is dealing with both these issues and it is anticipated that new legislation will be enacted soon to reform this area of law. However, the Common Law crime of murder may already be used to prosecute someone found guilty of deliberately infecting another with HIV.
4. WOMEN AND FAMILY LAW Family law is the body of law regulating, inter alia, the relationship between husband and wife. 4.1 Legislative Measures There are a significant number of laws adopted over a period to regulate the marriage relationship between the partners as well as the property acquired prior to and during the marriage. The laws and provisions referred to include:
The procedures for a valid marriage in the Marriage Act, 1961.
The recognition of customary marriages of persons over 18 years with the capacity to give consent and, the recognition of all marriages if a person has more than one such marriage relationship in the Recognition of Customary Marriages, 1998 Rights to and procedures for the enforcement of the payment of maintenance by parents to children, including but not limited to medical care in the Maintenance Act, 1998
The facilitation of the enforcement of maintenance orders by various processes in the Reciprocal Enforcement of Maintenance Orders Act, 1963.
The right of a person over 18 years to choose any place as their domicile and the fact that children follow their parents in the Domicile Act, 1992.
The dissolution of a marriage if a person cannot be located for seven years and is presumed dead is provided for in the Dissolution of Marriages on Presumption of Death Act, 1979.
The Divorce Act, 1979 makes provision for the grounds and procedures for divorce between married persons.
Other legal provisions such as the Mediation of Certain Divorce Matters Act, 1987 and the Matrimonial Property Act, 1994 regulate, inter alia, the smooth dissolution of marriages and the distribution of marital assets on dissolution.
4.2 Common Law Matters A central issue regulated under the Common Law also refers to marriage relationships. Void Marriages: A marriage is void if the law says we treat the marriage as having never happened. Reasons for this include that the parties were under age or that a marriage officer did not conduct the ceremony. Voidable Marriages: Under certain circumstances a marriage will remain legal until one of the parties requests the court to declare it void. The marriage is Voidable if it can be shown that that the wife was pregnant (by another man) at the time of the marriage irrespective of whether the pregnancy arose out of incest or rape. Sterility. If one of the parties is incapable of bearing children, the marriage may be set aside. Impotence. In order to declare the marriage void, the one party making the application has to show that the other party was impotent (and the condition is not temporary or incurable) prior to contracting the marriage and that the applicant was unaware of the condition.
D. THE RECOMMENDATIONS In spite of the above picture, there remains a number of short comings in respect of reducing the impact on and vulnerability of women and girl children to HIV and AIDS.
1. LAW REFORM PROCESS AND PRIORITIES
RECOMMENDATIONS 1. Government adopt a broad understanding of law reform, which;
1.1 ensures greater participation of women in the law making process.
1.2 incorporates and actively supports (including financial support) for education regarding the content and enforcement of laws.
1.3 incorporates the development of policies and regulations that may provide greater guidelines in respect of the implementation of the laws.
2. Government should create an enabling environment and in particular an enabling legal environment.
3. Government must prioritise effective law enforcement and just administrative procedures.
4. Government should adopt legislation that brings about the realisation of the the socio-economic rights.
5. Government should adopt a gendered approach to law making.
2. SPECIFIC ISSUES ALREADY IDENTIFIED
2.1 MOTHER-TO-CHILD TRANSMISSION OF HIV The prevention of transmission of HIV from mother-to-child (MTCT) should be seen in the broader context of prevention and treatment.
The most important strategy is to try to prevent young women from becoming infected in the first place, through effective prevention programmes and appropriate reproductive health services. Alongside this, an MTCT programme should be implemented.
A previous presentation by the Treatment Action Campaign explored this issue extensively and this presentation will therefore, only set out the recommendations as a supplement and in support of that previous presentation.
RECOMMENDATOINS We urge the Department of Health to:
1. Formulate a comprehensive policy on mother to child transmission of HIV.
2. To provide voluntary HIV testing and counselling services before and during pregnancy.
3. To make AZT or Nevirapine available during pregnancy and labour.
4. To provide cost effective birthing options and procedures which reduce the transmission of HIV from mother to child.
5. To formulate a policy of informing HIV mothers about breastfeeding risks and the options of formula feeding and to support them in making a decision, which will be appropriate for their circumstances.
6. To provide formula feed.
2.2 RAPE AND HIV Rape makes women and girls vulnerable to HIV infection both directly and indirectly. There is the risk of becoming infected with HIV from the sexual act itself. Rape also puts women at risk of HIV in an indirect way, in that it increases their sense of powerlessness and lack of control over their lives and relationships.
Preventing HIV infection following rape is intricately linked to the reducing the incidence of rape in our country. This can be achieved through legal and non-legal strategies. The former include strengthening the criminal laws and procedures relating to rape, and improving women’s rights so they are less vulnerable.
The latter include enforcement mechanisms such as better policing and education on women’s rights. (Again, a reference to a broader understanding of law reform.)
Acknowledging the difficulties with limited research in this specific area and also the logistics of providing post-exposure prophylaxis, indirect evidence available from other PEP studies (such as needle stick injuries) strongly suggests that the approach will be effective.
RECOMMENDATIONS We call on the State to give meaning to every women’s right to equality, dignity, freedom and security of the person and access to health care services, including reproductive health care, and:
1. Formulate a comprehensive policy on rape and HIV/AIDS.
2. Ensure that all rape survivors are given accurate information and counselling on:
2.1 The risk of HIV transmission as a result of rape.
2.2 Other ramifications such as the possibility of infecting an unborn child or sexual partner.
2.3 The advantages and disadvantages of HIV testing of the rape survivor and the sexual offender and
2.4 The effect of post-exposure prophylaxis in reducing the risk of HIV transmission.
3. Ensure that all rape survivors are provided with access to voluntary HIV testing services, accompanied by pre- and post-test counselling.
4. Ensure that post-exposure prophylaxis is available and accessible to rape survivors who wish to pay for it.
5. Ensure that all service providers such as police and district surgeons receive training on rape, HIV and AIDS.
6. Support further research into the efficacy of post-exposure prophylaxis to prevent HIV transmission as a result of rape.
7. Immediately investigate measures to provide post-exposure prophylaxis to rape survivors at State expense.
8. Ensure public information campaigns challenge rape and violence against women, and correct false beliefs that criminal practices such as rape of virgins or children are a cure.
9. Strengthen laws around rape, HIV and AIDS.
10. Ensure that the many laws put in place by government to strengthen and expand women’s democratic rights are fully implemented to raise their status in reality.
[It should be noted that the Western Cape Government is implementing a pilot programme in respect of providing PEP to rape survivors.]
2.3 LAW REFORM ISSUES REQUIRING FURTHER DISCUSSION AND CONSENSUS The legal audit identified a number of areas for law reform - either there is no legal provision (statute, regulation or policy) or the current law requires amendment. These issues, however, require further debate with a view of reaching consensus. It is however, presented here to inform the Committee about issues already identified.
1. More effective ways for women to gain medical benefits for HIV / AIDS related illness. Medical Schemes Act, 131 of 1998 (Section 29)
However, the Scheme may limit the benefits payable for various medical conditions. A possible area for development is ways in which women who are HIV infected or have AIDS can gain greater medical benefits for AIDS related illnesses.
2. More stringent rules on women being dealt with by female correctional officials. Correctional Services Act, 8 of 1959 (Section 24)
One particular area of weakness identified is in the Correctional Services Act (1959) that provides for the establishment and control of prisons for criminal offenders. An area that may require attention is ways to minimize the risk of sexual abuse and therefore, to ensure that women in custody are only dealt with by women correctional officials.
3. Evaluation of whether the age of consent for marriage is appropriate. Marriage Act, 25 of 1961 (Section 24)
One particular area of weakness identified is in the Marriage Act prohibiting boys under 18 years and girls under 15 years to contract a valid marriage without permission of the Minister of Home Affairs and consent by their guardian(s). This specific provision, in particular the age limit, must be evaluated since it could be used to ‘legitimate’ abuse in the form of child brides and thereby earlier exposure to the risk of HIV.
4. Specific right to claim compensation where accidents result in transmission of HIV. Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (Section 65)
5. Re-evaluate the limit on benefits. Unemployment Insurance Act, 30 of 1966 (Sections 33, 36 and 37)
6. Regulation of the practice of Female Circumcision.
The law does not regulate female circumcision, but it is an area of great concern, as there are no health safety measures that prescribe the conditions under which circumcision is performed. There is a potential for high risk of HIV infection.
A definite short-coming is the need to regulation of this practice.
7. Seduction - needs to be looked at as a possible protection for women. (Common law)
The Common Law rules make it clear that the law anticipates that marriage requires partners to have sexual relationships with each other, to the exclusion of others. Even prior to marriage, the law regulates sexual behaviour in the form of an action for seduction. Rules governing claims of seduction may be made if one, the woman had sexual intercourse with a man and she was a virgin before the intercourse and two, he ‘led her astray’ / seduced her.
E. CONCLUSION The ALN supports the work of the Joint Monitoring Committee and particularly appreciates the opportunity to address the Committee. This is already achieving one of our recommendations, i.e. a more inclusive law making process and one step nearer to the realisation of the rights to establish a truly democratic society.