Traditional Practices

Pages146-149

Page 146

The Issue

In some traditional African communities the continued practice of wife inheritance and widow "cleansing" violates women's human rights and contributes to the spread of HIV. Wife inheritance occurs when the brother or nearest male relative of the deceased husband "inherits" the widow, and has the right to marry her, often against her will. Widow "cleansing" requires a widow to have unprotected sex with one of her husband's male relatives or a designated "cleanser," in order to exorcise her husband's spirit. While women theoretically can refuse to participate in these activities, in practice there is great social pressure to comply. Women who refuse risk theft of their land and property by in-laws, banishment from their communities, and other forms of social opprobrium.

Female circumcision (FC) is practiced primarily in certain countries in Africa and parts of the Middle East, where it carries great importance as a social ritual. Critics assail the practice on ethical and medical grounds, arguing that it violates women's dignity and bodily integrity and exposes them to serious health risks. Because FC is often performed in unhygienic conditions, with the same equipment used on many girls, it is thought that it may facilitate HIV transmission. Additionally, lasting damage to the genital area can increase the risk of HIV transmission during intercourse later in life. In many communities where FC is practiced, girls who refuse the procedure can suffer serious social consequences that significantly impair mental health and emotional well being.

Legal and Policy Considerations

A number of African countries operate under dual legal systems that recognize both customary and statutory law. Customary law consists of the indigenous customs of traditional communities, some of which-including wife inheritance and widow "cleansing"-promote the subordination of women. Nations that accord customary law the same weight as statutory law thus sanction such practices and eliminate women's opportunity to seek legal redress. Other countries elevate statutory law above customary law when the two bodies of law conflict, but confusion and bias among judicial officials can allow harmful traditional practices to continue. Discriminatory property laws (see Topic 7.2) also encourage wife inheritance by limiting widows' access to marital property, thereby...

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