Harmful traditional practices, (male circumcision - Electronic Thesis ...

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Doctors 7 indicate that the hymen is an unreliable indicator of chastity as: 14 (a) some girls are born without a hymen, (b) the hymen could be ruptured during physical activity and (c) tampons could stretch the hymen open. The procedure for testing often involves a gathering of up to 56 girls at a time where they are inspected one at a time by lying on a straw mat beneath a tent with their legs apart. 8 The number of participants may vary depending on the occasion and could include anything between forty and three hundred girls being tested on a single day. 9 1.2 Why virginity testing is potentially ‘harmful’ According to human rights activists, virginity testing is unreliable, it places the burden of sexual responsibility on the shoulders of girls to the exclusion of boys, it is humiliating and it infringes on a number of rights in the South African Bill of Rights including the right to physical integrity, non-discrimination on the basis of sex or gender, privacy and dignity. The harmful consequences of traditional cultural practices will be discussed in further detail in the ensuing sections. 1.2.1 The right to physical integrity. This right includes the right to bodily integrity as stated in section 12(2) of the Constitution Act 108 of 1996, (hereafter referred to as the Constitution.) According to doctors, the testing of up to 600 girls at a time, using the same pair of gloves, creates a climate for the transmission of sexually transmitted 7 Author unknown, “Virginity Testing,” at 1. Available online at http://www.webster.edu/~woolflm/virginitytest.html. Accessed on 22 April 2006. 8 See fn 1 above. 9 See fn 3 above at 58.
15 diseases. 10 Since it was well known that virginity testers looked for something resembling a white veil (an indication of an intact hymen) in the vaginal canal, some girls in KwaZulu-Natal resorted to inserting toothpaste or freshly cut meat into their vaginas to make the vagina appear ‘tight’ and so mimic the white veil effect. 11 Other harmful consequences include the belief among some rural black men that sex with a virgin can cure HIV/AIDS, thus identifying virgins could render them vulnerable to rape. 12 Women who have failed the test are also ostracized and often forced into prostitution. 13 1.2.2 The right to human dignity Candidates who pass the test are marked with a white clay spot on the forehead as well as being awarded with certificates. 14 Non-virgins are marked with a red clay dot and receive counselling where necessary. 15 According to Andile Gumede, a prominent virginity tester in KwaZulu-Natal, loose buttocks and a flabby stomach could indicate that a girl was sexually active. 16 The above- mentioned submissions reveal the potential harm to the dignity of the participants in virginity testing. The commitment to uphold the rights to human dignity have been highlighted in a number of leading South African cases. In the case of Pillay v KwaZulu- Natal MEC of Education and Others 2006 (10) BCLR 1237 (N) a Hindu learner was prohibited from wearing a nose stud as 10 Rauch R, LLM Dissertation, Harmful Sexual Practices and Gender Conceptions in KwaZulu-Natal and their effects on the HIV/Aids Pandemic, University of Stellenbosch, 2003 at 11. 11 Leclerc-Madlala S, “Protecting Girlhood? Virginity Revivals in the Era of Aids”, in Agenda 56, 2003, at 21. 12 Maharaj A, “Virginity testing: a matter of abuse or prevention?”, Agenda 41 1999 at 96. 13 Ibid at 96. 14 Author unknown, Virginity Testing and the Children’s Bill, Discussion Paper, 11 October 2005, Children’s Institute UCT, at 2. Available online at http://web uct.ac.za/depts../cirplr/docs/virginity%20Testing%Discussion%202010%20Oct2005.doc. Accessed on 22 April 2006. 15 Ibid at 2. 16 See fn 11 above at 19.
Page 1 and 2: HARMFUL TRADITIONAL PRACTICES, (MAL
Page 3 and 4: 3 Convention on the Rights of the C
Page 5 and 6: 5 DECLARATION I declare that Harmfu
Page 7 and 8: 7 DEDICATION This mini-thesis is de
Page 9 and 10: 9 1.4 The right to survival and dev
Page 11 and 12: CHAPTER 1 11 1. BACKGROUND AND INTR
Page 13: 1.1 The Origins of Virginity Testin
Page 17 and 18: 17 that it is acceptable to pass ju
Page 19 and 20: 19 presence of either the mother or
Page 21 and 22: 21 Traditional leaders have argued
Page 23 and 24: 23 exposes young boys to an array o
Page 25 and 26: CHAPTER 2 INTERNATIONAL LAW AND HAR
Page 27 and 28: 27 harmful social and cultural prac
Page 29 and 30: 29 Concern has also been expressed
Page 31 and 32: 31 “In all actions concerning chi
Page 33 and 34: 33 1.3 THE RIGHT TO NON-DISCRIMINAT
Page 35 and 36: 35 taboos or negative or judgmental
Page 37 and 38: 37 “The right to life is the most
Page 39 and 40: 1.5 THE RIGHT TO RESPECT FOR THE VI
Page 41 and 42: 41 Furthermore, it is stated that i
Page 43 and 44: 43 In the ensuing chapter, the righ
Page 45 and 46: 1.2 The right to culture 45 As ment
Page 47 and 48: 47 limitation on the rights contain
Page 49 and 50: 1.2.1 The application of section 36
Page 51 and 52: 51 prohibiting corporal punishment
Page 53 and 54: 53 is found in the application of t
Page 55 and 56: 55 into an in-depth analysis of the
Page 57 and 58: 57 studs. The appellant in this cas
Page 59 and 60: 59 The following chapter will exami
Page 61 and 62: 61 After listening to submissions i
Page 63 and 64: 63 religious practices. 204 The fol
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65 Outside of the debate in parliam
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67 ‘they’ who threatened to kil
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69 traditional leaders with the pre
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CHAPTER 5: RECOMMENDATIONS. 71 The
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73 Government in an effort to ensur
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75 restrictive means include educat
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BIBLIOGRAPHY BOOKS 77 Aldeeb Abu Sa
Page 79 and 80:
Van Bueren G, “The United Nations
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Author unknown, “Submissions by N
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83 Author unknown, “Children have
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85 Proudlock P, “No Second-Best L
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