There are a variety of ways that gender-based violence may put victims at risk of contracting HIV/AIDS:

How Gender-based Violence Puts Victims at Risk of Contracting HIV

• Victims are often unable to negotiate the use of safer sex practices with coercive partners.
• Abusers may rape or sexually assault their victims as part of their control pattern, making it unlikely that the abuser will use a condom. Some abusers may intentionally infect their partners with HIV in an attempt to keep the victim from leaving.
• Abusive partners who engage in sexual activity outside the relationship potentially expose victims to STDs, including HIV.
• Abusive partners may force victims to engage in sexual activities with others.
• Victims of gender-based violence often suffer a wide range of health-related problems caused or exacerbated by the abuse. This negative effect on their health may compromise their immune system in ways that increase their risk of HIV.
• Abusers may prevent victims from receiving medical care, which may negatively impact their health and increase their risk of contracting HIV.

There is no crime termed “domestic violence”. Therefore, measuring the extent of domestic violence requires paying attention to different sorts of familial and intimate relationships and various types of abuse. Police data does not offer a comprehensive guide to this terrain. Cases of domestic violence are likely to be recorded as cases of assault. Given domestic violence’s serious nature, assault victims must be encouraged to report incidents to the police.

The police do not release the details about the number of assaults that involve intimate partners. The law requires police to keep a register of domestic violence cases. They must also have victim-friendly rooms available. Despite these requirements, regular compliance is deficient.

The SAPS six-point plan to assist victims of gender-based violence

1. All victims should be treated with respect and dignity and interviewed by a trained police officer in a victim-sensitive manner.

2. Police and social workers should assist victims in a victim-friendly or alternative room, where a statement will be taken in private, providing victim support services.

3. The healthcare professional will refer/take victims for medical examination to obtain medical evidence and complete a medical report, including checking the victim’s health.

4. Family Violence Child Protection and Sexual Offences Investigation Unit or a detective with relevant training should conduct the investigation.

5. Victims of family violence, sexual assault and child abuse (and their families) should be referred to victim support services available within the precinct for legal, medical, social and psychological help.

6. Victims should be proactively and continuously given feedback on the progress of their cases.

It was not until the introduction of the Bill of Rights that all women in this country received formal recognition as equal citizens. Under their fathers’ or husbands’ social and even legal control, South African women were second-class citizens for many years.

South Africa’s common law deprived white women of guardianship and various economic rights. Black women were doubly disadvantaged as a result of their race and their gender. For instance, customary law gives black women the status of minors and excludes them from rights regarding children and property.

Our Constitution and laws give women many rights. Most importantly, the Bill of Rights gives all women equal rights.

In short, the Equality Clause says no person may be discriminated against on several grounds, including sex and gender.

Equality between men and women is one of the most important aims of the Constitution.

Women are protected by the full range of rights guaranteed in the new Constitution – the rights to life, dignity, privacy and others. However, they receive specific protection in section 9, entitled “Equality”.

It says:

“(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.”

The prohibition of discrimination on gender, sex, pregnancy and marital status is to protect women. The grounds “sex”, a biological feature, and “gender”, a social artefact, are both included – perhaps unnecessarily.

Nationally:

What are the 16 days of activism?

It is a worldwide campaign to oppose violence against women and children. It aims to raise awareness of the negative impact that violence and abuse have on women and children and permanently rid society of abuse.

When does the campaign take place?

The 16 Days of Activism Campaign is held annually from 25 November to 10 December.

However, the campaign’s success rests on our daily individual and collective actions to safeguard our society against this cycle of abuse.

Do you know that Parliament has passed laws to protect the rights of individuals against abuse?

The Domestic Violence Act of 1998

The Children’s Act of 2005

The Maintenance Act of 1998

The Promotion of Equity and Prevention of Unfair Discrimination Act of 2000

The Criminal Law (Sexual Offences and Related Matters Act) Amendment Act of 2007

The Domestic Violence Act No 116 of 1998.³

The primary purpose of the Act is to provide the highest form of protection from domestic violence. The law places responsibility on state organs and the police to ensure that survivors of domestic violence can apply for protection orders to prevent abusers from entering a mutual home or the survivors’ home or workplace. The order can also allow for the seizure of weapons. The DVA has an expansive definition of domestic violence that includes physical, sexual, emotional, verbal, psychological and economic abuse and intimidation, harassment, stalking and controlling behaviours. It also recognises a range of familiar and domestic relationships, including same-sex relationships.

Gaps and Challenges:

Although gender-based violence requires a multi-disciplinary approach, the Act does not place obligations on the Department of Social Development to provide care and support services and neither the Department of Health nor the National prosecution authority.

Internationally:

Women’s right to live free from violence is upheld by international agreements such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), primarily through General Recommendations 12 and 19 of the 1993 UN Declaration on the Elimination of Violence against Women.

UN Women partners with Governments, UN agencies, civil society organisations, and other institutions to advocate ending violence, increase awareness of the causes and consequences of violence, and build partners’ capacity to prevent and respond to violence.

They also promote the need for changing the norms and behaviour of men and boys and advocate for gender equality and women’s rights.

UN Women supports expanding access to quality multi-sectoral responses for survivors covering safety, shelter, health, justice and other essential services.

If someone discloses a gender-based violence incident to you:

• It is imperative not to ignore, interrupt or try to stop the person.
• Ensure you hear the person through as far as they are willing to go.

When speaking to a young person about their experience of abuse, these are the six things that they want to hear from you:

1. I believe you.

2. I am glad you have told me this – you are courageous to have come forward.

3. I am sorry this has happened to you.

4. You are not alone in having experienced abuse – it can happen to lots of people.

5. It is not your fault.

6. Some people can help.

The person does not expect you to promise confidentiality (nor should you). If you are a family member, friend, teacher or youth worker, it is not your job to counsel the person. Your role is to listen to them and then suggest action or make appropriate referrals.

Always consult with the person about what they think is the best way to help them and offer them information about local support agencies or helplines with expert knowledge of gender-based violence.

To assist you and the person in deciding the best course of action, it is helpful to consider the following:

• • • Is the disclosure about current or past abuse?
    • Is the person at immediate risk?
    • How does the person feel about the situation?
    • Does the person want/need to take any action today? Does the young person want to tell anyone?
    • What has the young person done in the past (if anything) to get safe, and how helpful was this?
    • Does the person know anyone who can help?