World AIDS Day 2009: The Unjust and Cruel Challenges That Women, Worldwide, Face

Complications during pregnancy and childbirth are the leading cause of death and disability among 15 - 19 years old young women living in developing countries. Globally, for women of reproductive age, AIDS related illnesses are the leading cause of death and disease. Women's health, especially their sexual and reproductive health, is therefore an important issue for the well-being and development of future generations and the communities they live in. Several international instruments, including the Convention on the Elimination of Discrimination against Women (CEDAW) and the International Conference on Population and Development (ICPD) Programme of Action, mandate governments to ensure safe motherhood for all women. However, the sexual and reproductive health and rights (SRHR) of women living with HIV are often ignored. Many pregnant HIV-positive women experience human rights violations at various stages of their reproductive years.

Globally an estimated 17.5 million women are currently living with HIV. The number of new HIV infections continues to outstrip the numbers on treatment-for every two people starting treatment, a further five become infected with the virus. Although treatment has increased and the percentage of HIV-positive pregnant women who received treatment to prevent vertical transmission increased from 33 percent in 2007 to 45 percent in 2008, HIV-positive women are often encouraged not to have children. In some countries, access to HIV treatment is tied to women agreeing to use contraceptives.

In one study, 45 percent of women diagnosed HIV-positive were told not to have any more children-only 18 percent of positive men were given the same advice, suggesting that health-care workers place responsibility for contraception on women.

In addition, there are an increasing number of documented cases of pregnant HIV positive women being coerced into sterilization or denied care because of their HIV status. Many HIV-positive women face stigma and discrimination when planning a pregnancy or seeking pre-natal care.

Women continue to be disproportionately infected and affected by HIV and AIDS. More than half of all people living with HIV are women, and women continue to be at high risk of HIV infection and of related rights abuses. Thus, any response to HIV and AIDS should take into account the effects that the pandemic, and the responses to it, have upon women and women's vulnerability to HIV infection. Given the gendered societal context in which laws that criminalize HIV transmission or exposure will be applied and implemented, it is more likely to be women who will be prosecuted and feel the consequences of such legislation.

Recently, more than 20 countries in sub-Saharan Africa alone have passed legislation with clauses ranging from mandatory HIV testing and disclosure, to criminalizing exposure or transmission of HIV.

Similar laws have been enacted, or are pending, in parts of Asia, Latin America, and the Caribbean. However, as argued by Johanna Kehler, Director of the AIDS Legal Network, South Africa: "What we need are interventions that address women's HIV risks; not legislation that increases women's vulnerabilities to HIV transmission and to rights abuses. We need laws that protect women's rights and not tools that criminalize women. We need to focus on removing barriers to effective HIV responses, not on creating additional obstacles for women's access to available HIV prevention, treatment, care, and support. Criminalizing HIV transmission is indeed bad policy; as it threatens human rights and harms women."

Imagine being at your most ill and most vulnerable and that is when you receive the least amount of consideration as your gender is used against you.

There have been many unjust burdens that have been added to the women of the world; on this World AIDS Day we must pray; we must insist that the aforementioned encumbrances not be named among them.

References:

(1) Women and Health, Today's Evidence, Tomorrow's Agenda

(2) UNAIDS AIDS Epidemic Update 2009

(3) ICW. 2006. Mapping of experiences of access to care, treatment and support Namibia.

(4) Asia Pacific Network of People living with HIV. 2004. AIDS discrimination in Asia.