Track D report by Felicita Hikuam
Numerous reports of women living with HIV being unconstitutionally sterilised without informed consent when they seek SRHR services at public health facilities have surfaced in southern Africa, Latin America and other regions of the world.
Ignorance of HIV facts and moral convictions, which cause the pervasive stigma in the health care setting, the unequal status of women in societies and the absence of clear protective laws and policies contribute to the coerced sterilisation of positive women. Self stigma and lack of lack of rights literacy contributed to the initial lack of reporting when these rights violations occur.
Strategic litigation has been used as an effective tool to highlight the issues and help affected women in Namibia and Chile seek redress. The litigation also aims to set a legal precedent for dealing with cases of HIV-related discrimination in the health care setting.
Although an expensive and lengthy effort, the approach has galvanised community and mass mobilisation efforts, which have fostered a social movement to fight for women’s human, sexual and reproductive health rights. Where national justice systems have failed to yield results as in Chile, organisations have pursued the cases in regional human rights mechanisms.
Because litigation is viewed as antagonistic, other avenues for redress were sought before proceeding with the litigation. The slow pace of the justice system and the lack of commitment from governments to stop the practice and provide compensation are significant challenges.
It was important to manage the expectations of the clients through transparent communication about the broad objectives of the litigation. Strategic litigation should be accompanied by advocacy to ensure there is a social movement to sustain the momentum. Governments, civil society, community, health care professionals and the judiciary should collaborate to ensure this practise does not persist.