Mainstreaming Gender and Legal Dimension of HIV/AIDS

1. Mainstreaming Gender and Legal Dimension of HIV/AIDS Helen Seifu Ethiopian Women Lawyers Association March 2006

2. Mainstreaming Gender and Legal…. Outline 1. Overview of Country’s HIV/AIDS Profile • HIV/AIDS Prevalence • Gender Dimension of HIV/AIDS • Prevalence by Sex • Gender Inequality, disempowerment and vulnerability 2. Legal Provisions to Protect Women and Girls • The FDRE Constitution • The 1993 Women’s Policy

3. Mainstreaming Gender and Legal…. 2. Legal Provisions… • The 1998 HIV/AIDS Policy • The Revised Family Law, 2000 • The Revised Penal Law, 2005 3. Key Lessons Learnt • Strengths • Weakness • Challenges 4. Conclusions and Recommendations

4. Mainstreaming Gender and Legal …. • Overview of Country’s HIV/AIDS Profile HIV/AIDS Prevalence Prevalence by Sex • Ethiopia is a country with a total population of 74-75 million. Out of these, 50.2 million are women. • HIV prevalence rate at the end of 2005 is 4.7%. (urban 12.6% and rural 2.6%) • Estimated population living with HIV/AIDS is 1.7 million. (3.8% male and 5% female)

5. Mainstreaming Gender and Legal…. • Estimated number of new AIDS cases in 2003 was 98,000 (46% male and 54% female) • Estimated number of AIDS orphans in 2003 was 539,000. • In 2003, 90,000 adults and 25,000 children had died of AIDS.

6. Mainstreaming Gender and Legal…. Gender Inequality, Disempowerment and Vulnerability • Ethiopia is a patriarchal society. • Women and girls are more vulnerable to the virus biologically. • Women and girls are victims of various forms of gender-based violence that increase their infection rate. eg. Rape • Harmful traditional practices increase their vulnerability to the virus. Eg. FGM • Women are economically dependent and therefore, cannot negotiate for safer sex.

7. Mainstreaming Gender and Legal…. • Limited access to critical property such as land exposed women to increased sexual exploitation and violence. • Customary practices such as wife inheritance exposed women to unprotected sex and further resulted in poverty, homelessness and STIs, including HIV/AIDS. • Women and girls constitute the major percent of illiterate which make them less able to stand up for their rights. • Women and girls shoulder the responsibility of taking care of family members when infected with HIV/AIDS.

8. Mainstreaming Gender and Legal…. Legal Provision to Protect Women and Girls from HIV/AIDS • The FDRE Constitution • Article 25 condemns discrimination based on …sex, other status. • All international agreements to which Ethiopia is a party are integral parts of the law of the country. (Art.9) • Fundamental rights and freedoms enshrined in the Constitution are to be construed in line with the UDHR and other international human rights treaties ratified by Ethiopia. (Art 13)

9. Mainstreaming Gender and Legal…. • Women have the right to protection by the State from harmful customs and laws. Traditions and practices oppressive to women or which cause bodily or mental harm to them are prohibited. 2. The 1993 Women's Policy • It aims to address women's strategic gender needs. • It spells out willingness to abolish all discriminatory laws and regulations.

10. Mainstreaming Gender and Legal…. • The 1998 National HIV/AIDS Policy • One of its specific objectives is to empower women, youth and other vulnerable groups to take action to protect themselves against HIV/AIDS. • It stipulates the principle of voluntary HIV testing along with counseling services. • The Policy asserts the right of people living with HIV/AIDS to have access to employment, education, trainings, public facilities such as entertainment and sporting facilities.

11. Mainstreaming Gender and Legal…. 5. The Revised Family Law, 2000 • Abolishes the 1960 Family Law Family and stipulates the equality of women and women at the time of concluding marriage, during marriage and at the time of divorce. • Ascertains the equal rights of women to administer and control their own property which decreases their vulnerability to sexual exploitation and STIs, including HIV/AIDS.

12. Mainstreaming Gender and Legal….. • Minimum age of marriage is 18 for both sex.(Art 7) • Spouses owe each other respect, support and assistance. (At. 49) • Spouses shall have equal rights in the management of the family. (Art. 50) • At the time of divorce, common property shall be divided equally between the spouses. (Art. 90)

13. Mainstreaming Gender and Legal…. • Common property shall be administered conjointly by the spouses unless there is an agreement which empowers one of them to administer all or part of the common property. (Art. 66)

14. Mainstreaming Gender and Legal…. 6. The Revised Penal Law, 2005 • Stipulates better provisions that protect women and girls from gender-based violence which therefore decrease their vulnerability to HIV/AIDS. FGM • Circumcising and infibulating a woman of any age is punishable. • Parent or any other person who participates in the commission of such crimes is punishable.

15. Mainstreaming Gender and Legal…. Rape • Rape is a punishable act with rigorous imprisonment. • Where the rape results in the transmission of communicable disease, the two offences shall be treated concurrently. Early Marriage • Concluding a marriage with a minor is punishable with rigorous imprisonment. • Solemnizing a marriage forbidden by law, or becomes a witness to such a marriage is also punishable.

16. Abduction • Abduction is a crime, punishable with rigorous imprisonment. • Where the act of abduction is accompanied by rape, the perpetrator shall be liable for concurrent offences. Trafficking of women and minors • Trafficking in women or minors by seducing them, to engage in prostitution, even with their consent is punishable with rigorous imprisonment.

17. Mainstreaming Gender and Legal…. • Key Lessons Learnt Strength • The existence of legal and policy framework that guarantees the equality of women and men. Eg. The FDRE Constitution, Women’s Policy. • The 1998 HIV/AIDS Policy that asserts the human rights of people living with HIV/AIDS. • Strategies and institutional frameworks in place. Eg. The Women’s Affairs Ministry, the HAPCO,

18. Mainstreaming Gender and Legal Weakness • Translation of the policy and legal framework into action has not yet progressed enough. • Implementation problems of national legislations. • Inadequate gender strategies/guidelines with clear and concrete objectives and action plans: absence of gender integration in planning, implementation, monitoring and evaluation process. • Gender insensitivity among the community.

19. Mainstreaming Gender and Legal…. Challenges • Deep-rooted culture and traditions that pronounce the inequality of women. Eg. Early marriage, abduction ..etc • Misconception about issues of gender equality (lack of conceptual clarity):-synonymous usage or equating gender to women.

20. Mainstreaming Gender and Legal…. Conclusions and Recommendations • Feminisation of the epidemic is proven as more women are being infected by the virus. • Women’s social and economic inequality makes them more vulnerable in contracting and living with HIV/AIDS. • Providing women equal access to education, information, training, employment and resources is a means to bridge the gender gap.

21. Mainstreaming Gender and Legal…. • Promoting gender equality and women's human rights as well as people living with HIV/AIDS are critical to control the spread of the virus. • Integrating legal and gender dimension of HIV/AIDS in planning, implementing, monitoring and evaluation process is critical in the fight of the epidemic.