1. Addressing the Gender Dimension of HIV and AIDS by EDNAH MASIYIWA Women’s Action Group

2. Overview of the HIV & AIDS in Zimbabwe (2005) HIV prevalence (15-49yrs) - 20.1 % People living with AIDS (15-49yrs) -1 391, 397 of which 780 000 (approx 56%) were women New HIV infections (15-49yrs) – 131 370 New AIDS cases (15-49yrs) -134 990 AIDS related deaths -139 950

3. Gender Dimensions of HIV/AIDS Gender is inextricably linked to HIV and AIDS and has substantial health consequences (Biologically women have higher risk and gender related factors increase risk) -Sexuality and power affects relationships among men and women -Increased cases of rape and limited access to post exposure prophylactic treatment -Cultural practices increase women and girls’ vulnerability

4. Legal Provisions (Law) to Protect Women against HIV&AIDS 1.The Sexual Offences Act (2001) Provisions -Definition of sexual offences -Criminalization of deliberate & willful transmission of STIs including HIV infection -Protection of both boys and girls against sexual abuse -Criminalisation of marital rape -Stiffer sentence for HIV positive sexual offender -Accused person cannot refuse to be tested

5. Legal Provisions (Law) to Protect Women against HIV&AIDS (cont) 2.The inheritance law of 1997 -increased deaths from AIDS -laws allow spouse to inherit 3. The Termination of Pregnancy Act -HIV positive person can argue for termination of pregnancy

6. Legal Provisions (Law) to Protect Women against HIV&AIDS (cont) 4. Proposed Domestic Violence Bill Research has shown close link between gender based violence and HIV Sexually abused women at higher risk of HIV from -unsafe sex -forced sex

7. Key Lessons Learnt- Strengths Laws in place, Woman have option to take legal route Sexual and domestic violence no longer private and confidential issues

8. Key Lessons Learnt- Weaknesses Laws not disseminated adequately Some sections of the law difficult to operationalise (proving willful transmission) Many people do not know their HIV status HIV test results are confidential No compensation for person unwillfully infected with HIV

9. Key Lessons Learnt- Weaknesses Option to pay fines in cases of sexual offences not deterrent enough Section 17 of Sexual Offences Act gives court discretion for sample collection when it should mandatory Unlawful intercourse excludes marital union in Termination of Pregnancy Act Legal fees too costly Legal process takes too long

10. Challenges Shifting negative cultural practices Empowerment of women to use the law Reviewing sections of law that cannot be easily operationalised Reviewing and revising AIDS policy to facilitate conviction of offenders