SSS 333 Human Rights ISSUES 05 May 2011

Group Members: Siyabonga Nongendzi (20530225) Luyolo Booi (20520083)

Prepared for: Ms F. Herbst

Declaration

This report was prepared for Ms F Herbst. We the below specified persons hereby declare that the work submitted in this report is our own.

Siyabonga Nongendzi Luyolo Booi

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Table of contents

Declaration ....2

Introduction4

Critical Discussions of Human Rights.....5

Article 2 Freedom from Discrimination..6

Article 3 Right to Life, Liberty, Personal Security...6

Article 18 Freedom of Belief and Religion....6

Conclusion6

Bibliography7

Appendix.8

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Introduction
Any epidemic has a large effect on the social structure of a community and bring with it fear. This fear is not only towards the epidemic itself but also to those who are infected. The common reaction to this fear is to target and discriminate against those who are infected by the epidemic. In a pandemic such as the HIV/AIDS the stigma and fear can be far greater especially since one cannot identify a person who is infected by simply looking at that person. This pandemic brings with it far greater fear and discrimination against the infected parties. The initial speculation that the virus only infected people who are involved in homosexual relations meant further marginalisation and discrimination was directed at those infected by the virus. Further the most affected and vulnerable people to infection by the virus are those whose human rights have or are currently being undermined. These groups include previous sufferers of discrimination and segregation, the poor, women and children, male homosexuals and drug addicts. This means that the HIV/AIDS pandemic cannot be dealt with science alone but the social aspects of it need to be analysed as well. Women and children are the most vulnerable group of any society.Care must be taken in order to make sure that their rights are protected. In South Africa it is not uncommon to hear or read about women and children being abused every day. This high rate of abuse brings about fear and undermines their rights as humans. This further exposes them to the HIV/AIDS pandemic. In order to deal with such issues the community and society must work together with the law enforcers to make sure that every persons rights are respected particularly those of women and children. The human rights are universal legal guarantees protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity (Roseman & Gruskin, 2004). In this document we shall discuss the human rights issues relating to HIV/AIDS and women and child abuse in South Africa. We will limit our discussions to the events that took place from 18 April 2011 to 1 May 2011 in South Africa. The document will discuss how these events affect the human rights of the society.

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Critical Discussions of Human Rights

Issues from 19 April 2011 to 01 May 2011

South Africa has grown leaps and bounds in their fight against HIV/AIDS, we have come from and era of denialism. Where the former Health minister Manto Tshabalala-Msimang was promoting the use of garlic and beetroot instead of proven medication. This violated the human rights of the people as particularly those contained in Article 5: Freedom from Torture, Degrading Treatment (The Universal Declaration of Human Rights). The recent studies show that over one million people are receiving anti-AIDS drugs in South Africa. The country has further rolled out massive testing and preventative drive including testing is schools. It was reported that over seven million people have been tested in the drive that was in April 2010 to test 15 million South Africans. These testing and counselling drives by the government together with the treatment available for HIV/AIDS improved the standard of living of South Africans. They further protect and promote their human rights to the highest attainable standard of physical and mental health. This right is explicitly stated under article 12.1, The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Office of the United Nation High Commissioner of Human Rights , 2007), of the International Covenant on Economic, Social and Cultural Rights. This right also falls under article 25.1 of the UDHR and states, Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control (The Universal Declaration of Human Rights). On the 21 April there was an article on the Herald News with the title Police raid frees teen sex slaves. In this particular article it was alleged that the women was using teenage girls to run a brothel. People like these women are the virus that affects the community and threaten human rights. Kidnaping these teenagers and making them sex slaves not only intensifies their chances of contracting the virus but it also violates their human rights. The society is also to blame for this because it is the one supporting these brothels by being their customers. One girl was quoted as saying Ive been here since last year and Ive met clients from all works of life. The government as custodians of human rights must pass a law which will prostitute and charge any person found as a client or operating a brothel.

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The rate of rape and abuse of women and children in South Africa is at a high level. In the past two weeks the has been a number of cases reported in the media about the rape and abuse of women and children. The brutal rape and murder of Noxolo Nogwaza who was lesbian has sparked a huge debate about human rights. Her murder is attributed to corrective rape where men abuse and rape women because of the sexuality. These kinds of incidents violate the following human rights as stated in the Universal Declaration of Human Rights: Article 2 Freedom from Discrimination Discriminating against sexuality and gender is against human rights and the society and the community must take it to themselves to be tolerant to one another. Article 3 Right to Life, Liberty, Personal Security The government must pass a law that will make sure that the people who rape and abuse women get life imprisonment. This will reduce the rate of crime directed to the women and children and it will further protect their right to life and liberty. Article 18 Freedom of Belief and Religion The government together with community must work to together in ensuring that society understand that the people have a right to follow the religion of their choice and have their personal believes. The society must not judge a person based on their religion and belief. Article 30 Freedom from State or Personal Interference in the above Rights All human beings have rights and those rights must be respected by all and they must not interfere with one another. Tolerance will play a key role in this because if we tolerant to one another then our personal rights will not interfere.

Conclusion The UDHR has served as a great aid to governments for drawing up legislation and resolutions to not only curb the spread of HIV/AIDS but to help those living with the virus live a dignified life. It has also aided the government with a foundation to draw up laws that seek to protect the societys most vulnerable group which are women and children. However the government cannot do this all by its self the community and the society as a whole needs to come together fight for the protection of human rights. More has to be done to curb the spread of HIV/AIDS and to teach the society about the issues human rights. The society must also come to the fore and stop being clients to brothels because they do not only hinder the progress made by the country in fighting HIV/AIDS but they also violate human rights.

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Bibliography
Roseman, M. J., & Gruskin, S. (2004). HIV/AIDS & Human Rights in a Nutshell. Harvard University, Department of Public Health, Boston. South African Department of Health. (n.d.). HIV/AIDS as a human rights and legal issue. Retrieved April 28, 2010, from Department of Health: http://www.doh.gov.za/docs/misc/hiv/manual/human_rights.pdf Stone, L. (2004). Using Human Rights to Combat HIV/AIDS Pandemic. Human Rights MAgazine , 31 (4), pp. 2-3,22. United Nations. Office of the High Commissioner for Human Rights, Joint United Nations Programme on HIV/AIDS. (2006). International Guidelines on HIV/AIDS and Human Rights 2006: Consolidated Version. United Nations Publications. Universal Declaration of Human Rights. (n.d.). Retrieved April 28, 2010, from United Nations: http://www.un.org/en/documents/udhr/index.shtml#a7 Fuzile, B 2011. Police raid frees teen sex slaves.The Herald News: April 21

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Appendix

24 yr old lesbian, Noxola Nogwaza found raped & murdered in Gauteng

by Sokari on April 27, 2011 in Gender Violence, LGBTIQ, Quick Links, South Africa, Township Stories, sexual violence Today is the 17th anniversary of South Africas independence but for Black lesbians there is little to celebrate as today we learn of the rape and murder of yet another young sister. The Constitution debated and formed to protect all South Africans has failed the majority of South Africans. It has shamefully failed the most vulnerable people in the country and in particular young Black lesbians. The body of Noxola Nogwaza was found on Sunday morning. This is just 4 weeks after the body of 20 years old Nokuthula Radebe was discovered and which has not even been reported in the media. The pain of these brutal attacks grows and my heart goes out to their family and friends. May both Nogwaza and Nokuthula Rest in Peace Statement from EPOC and the Coalition of African Lesbians Ekurhuleni Pride Organizing Committee (EPOC), the key LGBTI organization in the township of Kwa-Thema, Gauteng, South Africa, and the Coalition of African Lesbians (CAL,) condemn the brutal rape and murder, in cold blood, of a member of EPOC. Noxola Nogwaza is believed to have been murdered in the early hours of Sunday, April The body of Noxolo Nogwaza, a 24 year old lesbian, was found lying in an alley in KwaThema at about 9am on Sunday, April 24 2011. Noxolas head was completely deformed, her eyes out of the sockets, her brain spilt, teeth scattered all around and face crashed beyond recognition. Witnesses say that an empty beer bottle and a used condom were stack up her genitals. Parts of the rest of her body had been stabbed with glass. A large pavement brick that is believed to have been used to crash her head was found by her side. Noxola was raped and murdered in a similar manner as that in which another member of EPOC was murdered almost three years ago (April 28, 2008). Eudy Simelanes body was also found in an open field in Kwa-Thema. It was clear that she had been raped and murdered afterwards, crimes that the perpetrators confessed to. Just last year, a gay man in the same township was attacked by eight men, who attempted to rape him. Luckily, he escaped the vultures. The men, as they attempted to rape him, were heard saying, We are determined to kill all gay people in this area and we will do it. It is very clear that these rapists are on a mission. We will however not rest until justice prevails. Eudys case was not recognized as a hate crime against a lesbian and the same is not done in the cases of many other people who have been raped and/or murdered on the basis of their sexual orientation and gender identity/expression in South Africa. EPOC is determined to get to the bottom of the Noxola case and push for justice. It was definitely a hate crime. said Ntsupe, Chairperson of EPOC. I am so disturbed by this horrific action. It is the responsibility of the South African Government to protect all its citizens. Hate crimes against LGBT people in this country are
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on the rise and the government should come out openly against these actions. Protection of individuals who are vulnerable because of their sexual orientation and or gender identity is something provided for in the Constitution of South Africa and should be put in practice. As a regional advocacy organization, CAL will work with EPOC and others to ensure that the perpetrators are brought to book. EPOC and CAL call on the Tsakane Police Station, where the case has been reported, to carry out a quick and thorough investigation into the murder of Noxolo and deal with the perpetrators accordingly. Noxola will be laid to rest at a cemetery in Kwa-Thema on Saturday, April 30, 2011. EPOC and CAL call on all your support in this time of grief and horror. Details of the burial will be sent out shortly. Please come and stand with us.

Health care

HIV: seven-million South Africans tested

Share | 18 April 2011 Over seven-million South Africans have been tested since the launch of the voluntary HIV Counselling and Testing campaign as the government pushes to reach its target of 15-million people who know their HIV status. The South African National Aids Council (Sanac) said on Friday that over seven-million people had voluntarily been tested since the launch of the campaign in April 2010, a figure they described as "impressive", given that historically, counselling and testing reached only three-million people annually. Sanac was presenting a progress report on the countrywide implementation of the HIV Counselling and Testing campaign to a high-level delegation including Deputy President Kgalema Motlanthe, Health Minister Aaron Motsoaledi and Eastern Cape Premier Noxolo Kiviet in East London. The figure of more than seven-million people tested does not include data of people who were tested in a large number of private health facilities, especially general practitioners in villages and townships. Most of those who test positive are started on antiretroviral treatment while others, depending on their CD4 count, are urged to visit their health practitioners regularly until such time as they are ready to start treatment. The campaign aims to support people with key prevention interventions in order to take proactive steps towards a healthy lifestyle, irrespective of people's HIV status, to increase the incidence of healthseeking behavior, and to increase access to treatment, care and support services.

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The campaign is being intensified and expanded to schools, workplaces and religious sites, especially over the Easter period. Sanac said funding from the Global Fund for Aids, TB and Malaria has been approved. During the meeting, a resolution was taken that Sanac's Resource Management Committee should be co-chaired by somebody living openly with HIV; that local production of female condoms should be investigated; and that the representation of traditional leaders in Sanac should be reviewed and strengthened. The South African Medical Association has also been tasked to assist Sanac in collecting HIV and TB relevant data from the private sector. A high-level delegation will represent Sanac at a UN meeting in New York in June 2011. Source: BuaNews

Tutu hails SA's turnaround on Aids

2011-05-03 19:31 Cape Town - Archbishop Emeritus Desmond Tutu on Tuesday hailed South Africa's turnaround on Aids, going from denialism to the roll-out of the world's largest treatment programme.

"It is like a breath of fresh air," said Tutu on the apartheid-era prison Robben Island, where the UNAids High Level Commission on HIV Prevention was meeting.

"For many, many years, we were gravely embarrassed in most of our international gatherings because of what we were doing or not doing in this country," Tutu said.

Under former president Thabo Mbeki, South Africa's government had openly questioned the causes of Aids. His health minister Manto Tshabalala-Msimang had promoted garlic and beetroot instead of medication.

But now, one million people are receiving anti-Aids drugs in South Africa, which has the world's most HIV infections, affecting 5.6 million of the 50-million population, according to UN estimates.

The country has also rolled out massive testing and prevention drives, including male circumcision and testing in schools.

The meeting at Robben Island was meant to be a symbolic passing of the torch from an older generation of activists to younger people who were brought to meet Tutu and others fighting to stop the disease.

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- SAPA

My abuse hell Bay womens torment at hands of ex-partner

Posted on April 27, 2011 by theweekendpost| 1 Comment

ABUSE NIGHTMARE: Lisa Spalding. Picture: Mike Holmes

By Yoland Stander A NELSON Mandela Bay mother has lashed out at the justice system for failing to protect her from her former partner, who has allegedly waged a long campaign of abuse.

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The five-year reign of terror has allegedly included frequent assaults and threats to have the woman and her 13-year-old daughter raped. Despite two protection orders and an additional 13 complaints laid with police against the man, with whom Lisa Spalding has a 16-month-old baby, she says he continues to stalk her. An intelligent, well-spoken woman from a middle-class suburb, Spalding says the man follows her in the street and makes threatening phone calls at all hours of the night from different payphones. So unrelenting has the alleged abuse been that she says she has been forced to move home three times with her baby and also has had to enrol her at various play schools. This comes less than a month after a horrific case of abuse against Port Elizabeth woman Avril Gorden that sent shockwaves around the province. Gordens husband allegedly locked her up, savagely burnt and almost beat her to death using chains and table legs. Police found her in a pool of blood in her flat in Forest Hill. Following granting of the first protection order in 2007, Spalding said she and the man reconciled about two years ago after his behaviour began to change for the better. During this period she conceived her youngest daughter, but said she realised soon after that getting back together was a huge mistake. She told Weekend Post the abuse started again and escalated to a point where she had to apply for another protection order. This was granted last year. He always manages to track me down. Ive taken my child out of (play) school twice and enrolled her elsewhere to protect her. Ive even had to instruct teachers not to let anyone near her or let anyone else pick her up after school, a desperate Spalding said. In spite of having to approach the police on no fewer than five occasions when the first protection order was granted, she had still remained confident her pleas would be answered. However, this has not been the case. If you dont have a broken nose or massive bruises, you cant prove the abuse and that is the cold, harsh reality. You basically have to stand there and convince a police officer you have been a victim of abuse, she said. Most of them (police officers and court officials) are not sympathetic and they dont go out of their way to reach out to you. Not once has someone referred me to a support group or asked if I needed help. You can also expect to wait anything from 10 minutes to three hours before being assisted. In addition, she claims she was never told by police how to handle the next round of abuse or what to do to build a strong case against her former partner. During the years I had to figure out my own ways of doing this. I started recording his threats and outbursts (which are still in her possession and which were played back to Weekend Post). During the five years she has known the man, Spalding claims she has been strangled, hurled across a room and been on the receiving end of a number of death threats. She had also been told by her former partner that he would have her and her daughter raped.

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The numerous court appearances also came with their own set of challenges. When you do go to court, you become just a file in a pile of dockets. You sit there all day with the abuser taunting you, just to be told the case has been postponed. Even when her former partner was finally sentenced this year and she believed he was behind bars, another shock awaited her. One day he just showed up again. No one told me he was being released. The justice system just does not offer any woman the support that she needs. Spaldings disillusionment began when she approached the Magistrates Court for the first protection order in 2007. There is no system to keep women away from their abusers. The only thing that keeps you apart is that sometimes a lawyer sits between you and your attacker that is if you are lucky enough to afford a lawyer. Not many women are so lucky. Several times, Spalding said she had to face her attacker before entering the courtroom and endure torrents of abuse from him and his family. But Spalding said she refused to be a victim. Her ordeals have inspired her to reach out to others going through the same ordeal and she has started writing a book. (This article was originally published in the print edition of Weekend Post on Saturday, April 23, 2011.)

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