9th International AIDS Conference Berlin, Germany — June 6-11, 1993

Int Conf AIDS 1993 Jun 6-11; 9:125 (abstract no. WS-D22-5)
Patten W, Ward A; Harvard Law School Human Rights Program, Harvard University.

OBJECTIVE: To analyze current legal regimes, both customary and formal, of two African countries particularly affected by HIV (Cote d'Ivoire and Uganda) in order to identify specific violations of women's rights. To assess the impact of these violations on women's ability to prevent infection and care for themselves once infected.

METHODS: Legal review was coupled with interviews with the following people: a) women's rights activists; b) general human rights activists; c) public health workers; d) women with seropositive partners; e) doctors treating AIDS patients. Topics covered during the interviews included patterns of sexual behavior, condom use, divorce laws, violence against women, inheritance rights and property rights.

RESULTS: Substantial violations of women's rights exist in both countries. Legal review reveals that existing formal law gives women little control over property and few inheritance rights. Customary law contains violations of equal gravity, generally providing no property rights, no inheritance rights, and sanctioning men's right to control women's bodies via sexual relations. The net effect of these violations is a dependency on men that prevents women from insisting on condom use and exercising any control over their male partners' sexual activity, as well as limiting the resources available to care for themselves once infected. Interviews with women and women's rights activists reveal that women have limited access to formal law, and are more likely to be aware of the provisions of customary law.

CONCLUSIONS: As a member of the United Nations and as partners and signatories to various human rights treaties, both countries governments have international obligations to respect women's rights. To fulfill these obligations and concomitantly reduce AIDS transmission, these governments must pursue law reform, support grassroots legal education, and improve legal administration and enforcement. Current NGO activities in both countries' are potential models for grassroots legal education. Public health efforts in both countries must take violations of women's rights into account when programming AIDS prevention activities.

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