JJS 2006 Volume 31 Issue 1

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Browsing JJS 2006 Volume 31 Issue 1 by Author "Kelly, L. M."

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    Polygyny and HIV/AIDS: a health and human rights approach
    (Faculty of Law, University of the Free State, 2006) Kelly, L. M.
    English: Concurrent sexual networks have been identified in empirical studies as significantly amplifying rates of HIV transmission in comparison to sequential monogamy or sporadic sexual encounters. This paper examines how states’ legal condonation of discriminatory, high-risk concurrent sexual networks, including polygyny, violates women’s human rights and undermines their sexual and reproductive health. Because of its gender asymmetry and aggravation of marital inequality, polygyny places women at a greater risk of HIV infection and restricts their ability to insist on partner fidelity, negotiate condom use and leave high-risk relationships. The continued legal recognition of polygyny at the point of marriage formation by the majority of Southern African states violates women’s equality, health, and dignity rights. This paper stresses states’ international obligations to cease deferring to parallel legal systems that perpetuate inequality within marriage and family life. In moving to discourage polygyny, this paper posits an engagement approach that would continue to protect women’s rights within existing unions while discouraging the practice at the point of marriage formation. Going forward, HIV prevention programmes can provide useful fora to advance social justice and equality within marriage and intimate relationships when they are evidence-based and respond to the diverse realities of women’s lived sexual and marital experiences. Programmes that address social constructions of gender and sexuality will likely prove the most effective in discouraging polygyny and advancing transformative gender equality.