Battered, dejected, ejected and rejected: the rights of HIV positive women to be protected from violence in Eswatini.
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Date
2020
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Abstract
Eswatini has, as of 2018, the highest prevalence of HIV and AIDS in the world. The prevalence
has continued to rise, climbing from 21 per cent of the population in 2016 to over 27 per cent
in 2018. Violence against women (VAW) is also on the increase, attributed to the prevalence
of gender inequality in the country. Research has shown a viable link between HIV and VAW.
This is because women are most often powerless and have no voice, agency or control over
their lives and bodies. Due to gender inequality, women may be unable to negotiate condom
use with their husbands or partners. Women's refusal of males' sexual advances often leads to
their violation, underscoring the link between VAW and HIV and AIDS. However, in Eswatini,
the implications of this link have not been adequately investigated; hence, the need to
investigate women's experiences of VAW to find out how well the legal and policy frameworks
of Eswatini respond to VAW.
The study answers the following essential questions: What are the experiences of women
living with HIV (WLH) regarding violence? Is the Eswatini legal and policy framework
cognisant of the nexus between VAW and HIV? How does the legal framework protect HIV
positive women from VAW and its consequences in light of international law?
This study found that violence against HIV positive women was multifaceted and
involved a wide range of perpetrators. As such, WLH experienced many forms of violence,
including stigma and discrimination. Perpetrators of violence against WLH originated from the
home front – (private sphere) and then were found in the public sphere. Intimate partners, and
family members, as well as community members and healthcare workers, were implicated in
violating WLH in one way or another. The findings of this study confirmed that violence and
HIV were inextricably interconnected at many levels and that legal remedies were inadequate,
to the extent that women did not generally rely on them. Some of the inadequacies included
the fact that the laws on marital and cohabiting relationships offered little protection in conflict
with the provision in the Constitution provides that 'women have the right to equal treatment
with men'.
This study argues that Eswatini's social context provides fertile ground for HIV and
VAW and their interaction to thrive. It further contends that violence against WLH is a public
health concern requiring a public health response. It concludes that violence against WLH is
indeed a human rights violation, which requires a human rights response.
Description
Doctoral Degree. University of KwaZulu-Natal, Pietermaritzburg.