For those who are following the debate over Skillshare International’s call for the parents of Swazi children with ‘unsound minds’ to be allowed to have them sterilised, here is the original article that started the interest. The show the writer refers to is a regular Sunday evening broadcast on Swazi TV.
The article was published on page 21 of the Times Sunday on 11 May 2008.
Ematfuba Lalingene: Sexual Health and Reproductive Rights
By Linda Kanya
The show this week will be focusing on Sexual Health and Reproductive Rights. Let us I reemphasize that women's rights are the basis of the show, and the right to self-determination, especially regarding her body, is a vital part of discussions on women's rights.
There are areas in health that are applicable to all. However because of our physiological differences there are those areas that are particular to women. The right to health should be available to all men and women, particularly in the areas of treatment, prevention, family planning, sterilization.
But others such as maternal health and reproductive health are particular to women. Men generally are not very knowledgeable about women's health. Ideally women, single or married, should be able to have access to health care freely. Yet this is not the case. There are numerous factors that hinder their ability to determine what happens with their bodies. Some are the laws of the land and others are social norms, both need to be reviewed.
Laws that govern civil marriage with marital power do not allow women to go into contracts without their husbands' consent, even though marital power should only be confined to contracts it has spilled over to the wife's health.
A change in laws governing marriage with marital power is necessary, it has to occur in the health policy of government to allow practitioners to get consent directly from their patient not the husband of their patient
The right to removing your uterus is one that is supported by law, but it is reported that accessing the form for the procedure is tedious and even upon receiving it, if you are married it requires your husband's consent
Abortion in Swaziland is illegal, and only allowed in certain circumstances. It is allowed if a woman is at risk of dying due to the pregnancy, if it will disturb her mental state (she is depressed or suicidal), if the child will be born abnormal or if the pregnancy is a result of rape or incest. Abortions can only be executed within a certain period, expediency of the procedure is tantamount to getting a legal abortion. One wonders if there is expediency in getting the required documents to have the procedure, and the decision ultimately lies with the doctor of the woman.
Women and girls of unsound mind are also touched by the laws governing sexual health and reproductive rights; they are greatly at risk of being taken advantage of sexually.
The guardians of this population should have the option of sterilizing their child. The process again is a lengthy one for these parents/guardians. Essentially, government needs to change law and policy, and thereafter ensure that the laws are supported by proper services.
Another factor that infringes on women's sexual and reproductive rights is their chosen sexual partner. Marital power does not only affect contracts it extends to everyday life. The power of males in relationships (married or not) is part of our socialization as individuals in Swazi society. At times this power might be unspoken but it exists. Requesting the partner wear a condom during sex can be denied by the partner and the woman feels that she cannot say no to unprotected sex due to this imagined authority. Women essentially need permission from their partners to use condoms.
Under traditional marriages, there is the added pressure from in-laws that affects the woman's right to determine the number of children she has.
There are instances when the woman is under pressure to produce a male child, if this does not occur then the woman might continue to bear children until a boy is born. Traditionally there is also the danger of your husband taking a second wife, or an 'inhlanti' (a younger female relative of the wife) to bear the male child for the family. Of course this is not only relegated to traditional marriages, it might occur in civil marriages where instead of taking a second wife or an 'inhlanti' he requests a divorce or has an affair.
We cannot speak of sexual health and reproductive rights without speaking of HIV and AIDS. The epidemic has affected all of us in Swaziland. NGOs and government have responded to the epidemic with full force, educating on and providing prevention measures. However, how do we change the individual male's ability to accept their partners' request for a condom? Married women are at an even greater risk as they may be met with accusations of adultery if they make the request.
CEDAW, in article 12, states that nations should take all necessary measures to ensure equal access to health care. Women shall have appropriate services in connection to pregnancy, confinement and the post-natal period. In the constitution the sexual health and reproductive rights are not in the Bill of Rights instead they fall under socio-economic rights, which are addressed in the Directives of State Policy and Duties of the Citizen which are not binding or justiciable.
It cannot be emphasized enough that there should be law and policy that allows women to live full and healthy lives, this means access, with the ability to take maternity leave and have time with their children.
Today we will be discussing the topic of Sexual health and reproduction with members from the government, traditional structures and NGOs. Please write to us at cedaw@skillshare.org
See also
SWAZI CHILD STERILISATION - REPLY
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