Andreeff, Julie L.

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Human Rights BriefVolume 9 | Issue 1 Article 82001The Power Imbalance Between Man and Womenand Its Effects on the Rampant Spread of HIV/AIDS Among WomenJulie L. AndreeffAmerican University Washington College of LawFollow this and additional works at: http://digitalcommons.wcl.american.edu/hrbriefPart of the Health Law Commons, and the Women CommonsThis Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ AmericanUniversity Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons@ American University Washington College of Law. For more information, please contact fbrown@wcl.american.edu.Recommended CitationAndreeff, Julie L. "The Power Imbalance Between Man and Women and Its Effects on the Rampant Spread of HIV/AIDS AmongWomen." Human Rights Brief 9, no. 1 (2001): 24-26.24While women are battling for equal rights through-out the international community, the existingpower imbalance between men and women renderswomen particularly vulnerable to contracting HIV. As aresult, many women cannot exercise their fundamentalhuman right to control their own sexuality. The HIV/AIDSepidemic continues to spread rapidly throughout the worldand is disproportionately affecting women. In 2000, theJoint United Nations Programme on HIV/AIDS reported that16.4 million women are infected with HIV/AIDS worldwide.According to the Centers for Disease Control and Prevention,in the United States alone the HIV/AIDS cases reportedamong women increased from seven percent to twenty-threepercent between 1985 and 1999. Although the World Health Organization (WHO) andmany governments are implementing educational programsto teach women about protecting their health, traditional cul-tural practices continue to perpetuate discrimination againstwomen, in turn forcing women into high-risk situations.Unless proactive human rights policies are enacted toempower, educate, and protect women with regard to theirsexual autonomy, HIV/AIDS will continue to spread at analarming rate and will have a devastating impact on allaspects of society.Vulnerability of Women to Contracting HIV Abuses of Economic RightsEconomic inequalities between women and men oftenforce women into submissive roles that require them tobecome economically dependent on men. Some econom-ically dependent women who fear abandonment by theirspouses stay in risky relationships in which they lack controlover their sexual activity and the ability to protect themselvesfrom the transmission of HIV. Women who are financiallydependent on men are more likely to work in the sex indus-try, which drastically increases their chances of becominginfected with HIV. Additionally, forced prostitution is preva-lent in poorer countries, where women often have no alter-native but to exchange their bodies for money. Abuse of Political RightsWomen are also more vulnerable to HIV infectionbecause of their inability to exercise political rights withintheir respective cultures. Women are often unable to par-ticipate equally in the decision-making processes withintheir communities. In these circumstances, it is unlikely thatpolicies will be implemented to protect women against thespread of HIV and empower them to control their repro-ductive health. Women’s underrepresentation in politicalprocesses translates into unequal access to education andhealth services because male policy makers often do not pri-oritize women’s needs. Cultural BeliefsWhile progress has been made in terms of women’s eco-nomic and political rights, some cultural beliefs shape behav-ior that contributes to the increase of HIV infection amongwomen. One traditional belief is that “good women” aresexually passive and ignorant about sex. Within this culturalparadigm, men are expected to dominate sexual relationshipsand make reproductive decisions for both partners. Whilemen are encouraged to experiment with their sexuality withpartners outside the confines of the marital relationship,women are expected to remain faithful to their husbands.In particular, the practice of polygamy exposes men to a highrisk of contracting HIV, which in turn increases the riskthat their female partners will become infected. Another harmful cultural belief that makes women vul-nerable to contracting HIV is the value placed on virginity.In some cultures, people believe that if a man has sex witha virgin woman he will be cleansed of his infections. Young,virgin girls and women are at a higher risk of being rapedby men influenced by this common misperception. Thesegirls and women are especially vulnerable to HIV becauseof the distinct injuries that result from forced sexual activ-ity and the likelihood that their perpetrators have had mul-tiple sexual partners. Some cultures place a similar value upon fertility. Awoman’s ability to become pregnant can elevate her statuswithin her community and help sustain economic survivalfor herself and her family. Women who link their self-esteem with their ability to become pregnant frequentlybelieve that the use of contraceptives diminishes their fer-tility. This link between fertility and self-esteem placeswomen in jeopardy of contracting HIV because they sacri-fice their own reproductive health to bear children fortheir husbands. In this respect, researchers in Kigali, Rwandafound that when women learned they were HIV-positive,often their concerns focused on their continued ability toThe Power Imbalance between Men and Women and its Effects on theRampant Spread of HIV/AIDS among Women by Julie L. Andreeff*Women in Merka, Somalia, wait for the monthly food rationsthey receive for attending an adult literacy program. A healthclass is a mandatory component of the program. Iida (meaning“celebration”), a women’s organization, runs the program andthe World Food Program provides the food. Credit: Gina El Kourycontinued on next page1Andreeff: The Power Imbalance Between Man and Women and Its Effects on thePublished by Digital Commons @ American University Washington College of Law, 200125have children rather than the effects of the disease on theirpersonal health. The Role of the International Community in Protecting Womenagainst the Spread of HIV The November 2000 Expert Group Meeting in Windhoek, NamibiaThe UN Commission on the Status of Women (CSW)noted the need to study the relationship between genderand HIV and made it a top priority for 2001. In Novem-ber 2000, the UN Division for the Advancement of Women,WHO, and the Joint UN Programme on HIV/AIDS heldan Expert Group Meeting in Windhoek, Namibia entitled“The HIV/AIDS Pandemic and its Gender Implications.”HIV/AIDS experts from around the world, including gov-ernment officials, UN officials, and representatives ofnon-governmental organizations, participated in the con-ference. These experts concluded that the HIV/AIDSpandemic requires a multi-sector approach with short-and long-term relief efforts as well as a focus on changingrelations between women and men to eliminate genderinequality and reduce women’s risk of infection. In empha-sizing the need to eliminate gender inequality, the expertsrecognized the link between the spread of AIDS and thepower imbalance that exists between women and men. Theexperts recommended long-term plans to control thespread of AIDS, which require that both genders haveaccess to education regarding the prevention and treat-ment of HIV/AIDS. The experts expressed the need forseparate educational programs for men that address men’sroles in the prevention and treatment of HIV. Experts alsoencouraged the implementation of educational programsdesigned to target school-aged children and teach respectfor the social roles of men and women. Finally, the expertsrecommended the use of positive cultural and religiouspractices to help prevent HIV/AIDS as well as treat and sup-port HIV-infected women. The participants noted theimportance of working with community leaders to helpidentify and address cultural and religious practices thatlead to women’s disproportionate vulnerability to con-tracting HIV. Once the local and international communities under-stand the implications of these practices, community leaderscan help persuade their communities to eliminate some ofthe negative effects of some of these practices to reduce wom-en’s chances of contracting HIV. The effort to involve localcommunities is difficult, however, in that it addresses cul-tural relativism. Cultural relativism is a theory that stressesthe need to respect the diversity of cultural practices andnorms throughout the world to effectuate positive change.Although some criticize cultural relativism because its pro-ponents encourage international bodies to tolerate abusivecultural practices, sensitivity to cultural differences is nec-essary for the international community to protect wom-en’s human rights. The understanding of a particular cul-ture’s practices regarding the role of women is essential forthe development of effective solutions to reduce the spreadof HIV/AIDS among women. Engaging in informed cross-cultural dialogues with local community leaders will encour-age other community members to eliminate the harmfuleffects of certain cultural practices that increase women’schances of contracting HIV. Local solutions might involvethe development of health care standards and the estab-lishment of programs designed to alleviate poverty andencourage urban growth, which would help address the eco-nomic and political imbalances between men and women. The UN Commission on the Status of WomenIn the Report of its 44th Session in 2000, the CSW pub-lished a resolution entitled “Women, the Girl Child, andHuman Immunodeficiency Virus/Acquired Immunodefi-ciency Syndrome,” in which the CSW recognized the rela-tionship between gender and HIV/AIDS. In its resolution,the CSW recommended that governments take all necessarysteps to promote the advancement and empowerment ofwomen, ensure that women can control their sexual healthand reproductive rights, eliminate all forms of violenceagainst women, and provide women with equal access to eco-nomic resources. Specifically, the CSW encouraged gov-ernments to increase investment in the research and devel-opment of prevention methods that women may use toeliminate their dependence on men to make their repro-ductive decisions. Applicability of the Convention on the Elimination of All Forms ofDiscrimination against WomenThe Convention on the Elimination of All Forms of Dis-crimination against Women (CEDAW) begins by quot-ing the Universal Declaration of Human Rights, which“proclaims that all human beings are born free and equalin dignity and rights and that everyone is entitled to all therights and freedoms set forth therein, without distinctionof any kind, including distinction based on sex.” Article 1of CEDAW provides a basic definition of discriminationagainst women that includes “any distinction, exclusion orrestriction made on the basis of sex” that denies a person’sfull enjoyment of her rights. Although this definitionappears to offer women protection from a broad array ofPower Imbalance, continued from previous pageIn emphasizing the need to eliminategender inequality, the experts recognizedthe link between the spread of AIDS andthe power imbalance that exists betweenwomen and men.continued on next pageThe teacher and principal of the Alla-Magan School in Merka,Somalia. The school is run by Iida.Credit: Gina El Koury2Human Rights Brief, Vol. 9, Iss. 1 [2001], Art. 8http://digitalcommons.wcl.american.edu/hrbrief/vol9/iss1/826discriminatory practices, CEDAW does not specifically listcultural practices or abuses considered discriminatoryagainst women or provide specific guidance for states toprotect women from specific harmful cultural practices. To the contrary, Article 12 of CEDAW applies directly toprotecting women from HIV infection. Article 12 requiresstates to “take all appropriate measures to eliminate dis-crimination against women in the field of health care inorder to ensure, on a basis of equality of men and women,access to health care services,including those related to familyplanning.” Although AIDS wasnot originally mentioned in Arti-cle 12, in 1990, the Committeeon the Elimination of Discrimi-nation against Women issued ageneral recommendation entitled“Avoidance of Discriminationagainst Women in National Strate-gies for the Prevention and Con-trol of AIDS,” in which the Com-mittee asked states to report on what they had done toimprove women’s health and prevent the spread ofHIV/AIDS pursuant to Article 12 of CEDAW. Related Provisions of the International Covenant on Economic,Social and Cultural Rights and the Effort of the Human RightsCommitteeThe International Covenant on Economic, Social andCultural Rights provides protection against human rightsabuses that increase an individual’s risk of exposure toHIV. Article 10 is applicable because it requires the pro-tection of children from economic and social exploitation,which often puts girls at a higher risk of contracting HIV.Further, Article 12 requires states to recognize the right ofeveryone to enjoy standards of health, including the respon-sibility to prevent, treat, and control epidemic diseases. The Human Rights Committee (HRC) issued a generalcomment entitled “Equality of Rights between Men andWomen,” in which the HRC strengthened the state’s report-ing requirements to “provide information regarding theactual role of women in society.” In its comment, the HRCidentified behaviors and practices that increase women’s vul-nerability and therefore limit their ability to enjoy equalhuman rights. The HRC highlighted the reality that sub-ordination of women “throughout the world is deeplyembedded in tradition, history, and culture” and preventswomen from exercising their rights under the Interna-tional Covenant on Civil and Political Rights. The HRC’seffort is vital because it recognized the relationship betweentraditional cultural practices that continue to force womeninto subordinate positions and deny women their basichuman rights.RecommendationsThe international community must take an active role inreversing gender inequalities by empowering women toassert their cultural, political, and economic rights withoutfear of retaliation, violence, or abandonment. Improvingwomen’s access to economic resources is imperative. TheHRC and the Committee on Economic and Cultural Rightsmust urge states to comply with their responsibilities toensure that women have the right to property, the right towork, the right to equal pay for equal work, and the abilityto develop business skills. If women can exercise their cul-tural, economic, and political rights, they will be morelikely to become economically independent and less likelyto remain in risky relationships.Women must obtain equal access to health care. Accessto health care services such as family planning programs andHIV testing empowers women to make decisions regardingtheir own reproductive health. Education regarding themethods of prevention and medical services to treat HIV-infected women must also become a priority. The international communitymust coordinate the education ofboth men and women regardingthe dangerous effects of culturalpractices that encourage discrim-ination against women throughlocal communities. In the longrun, these practices will be mosteffectively addressed through com-munity pressure. Until the inter-national community effectivelyinforms and educates the statesregarding their roles in the prevention and reduction of thespread of HIV/AIDS, the epidemic will continue to denywomen their human right to life, and in turn will continueto threaten cultural, economic, and political stabilitythroughout the world. * Julie L. Andreeff is a J.D. candidate at the Washington Collegeof Law.Power Imbalance, continued from previous pageThe international community must take anactive role in reversing gender inequalitiesby empowering women to assert theircultural, political, and economic rightswithout fear of retaliation, violence, or abandonment.Seventh AnnualInter-AmericanHuman RightsMoot CourtCompetitionMay 19–24, 2002 First Moot Court based on the Inter-American System Only competition conducted in both Spanish and English Intensive day-long Training Seminar on hemispheric human rights issuesThe Inter-American Human Rights Moot Court Competition isdesigned to enhance the development of human rights law in theAmericas. This bilingual competition will provide students with aninteractive exposure to the institutions and legal instruments of theInter-American System, as well as the academics, experts, governmentrepresentatives, and NGOs that work within this framework tostrengthen democracy and the rule of law in this hemisphere. For more information, contact:Shazia N. Anwar, The Washington College of LawCenter for Human Rights & Humanitarian Law4801 Massachusetts Ave., NW, Room 310  Washington, DC 20016-8181Phone: (202) 274-4180  Fax: (202) 274-4130E-mail: humlaw@american.eduWebsite: www.wcl.american.edu/pub/humright/mcourt3Andreeff: The Power Imbalance Between Man and Women and Its Effects on thePublished by Digital Commons @ American University Washington College of Law, 2001

The Power Imbalance Between Man and Women and Its Effects on the Rampant Spread of HIV/AIDS Among Women

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The Power Imbalance Between Man and Women and Its Effects on the Rampant Spread of HIV/AIDS Among Women

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