Sexual Harassment and Violence

• Pages: 144-145

Contenidos

• The Issue.
• Legal and Policy Considerations.
• Practice Examples.
• References.

Page 144

The Issue

Gender violence and sexual harassment contribute to women's HIV risk through physiological, social, and economic pathways. HIV-transmission risk increases during violent or forced-sex situations, because abrasions caused by forced penetration facilitate entry of the virus. Research indicates that women who are beaten or dominated by their partners are much more likely to become infected by HIV due to their lack of power over their bodies and sexual lives. Fear of violence undermines women's ability to seek treatment. Finally, women who are victims of sexual harassment are more likely to engage in behaviors that place them at risk for acquiring HIV.

Legal and Policy Considerations

International human rights law obligates nations to ensure that women are not subjected to gender violence. The UN Committee on the Elimination of Discrimination against Women recommends that states implement legal measures, including penal sanctions, to protect women from all kinds of violence. Many states have responded by enacting legislation criminalizing rape, domestic abuse, and sexual harassment. However, because gender violence and sexual harassment encompass so many forms of abuse, no single legal or policy approach can protect women effectively and punish the perpetrators of the crimes. Indeed, the successful implementation of protection against sexual harassment and violence can be elusive in many societies where women are not socially or economically empowered to protect themselves.

Due to the trauma involved, gender violence crimes require sensitivity from personnel in the medical and legal professions. Some countries require training to sensitize law enforcement officials and members of the judiciary, while in others women must contend with institutionalized gender bias and discriminatory practices. These structural barriers often discourage women from reporting gender violence, and require affirmative state action to be overcome.

Practice Examples

South Africa has passed a number of progressive laws designed to prevent gender violence. The 1998 Domestic Violence Act criminalizes nonconsensual sex within marriage and violence in both marital and nonmarital relationships. The Act imposes duties on the police to provide necessary assistance, including arrangements for suitable shelter and medical treatment, to victims of domestic...