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

17
that it is acceptable to pass judgment on the virtue of girls while ignoring the
morals of boys. 19 She argues that educating both girls and boys is a better
weapon against the AIDS pandemic. 20
The awarding of certificates to those who passed the test discriminates against
girls, as their male counterparts are free to do as they please, while girls are
saddled with the responsibility of ensuring that their hymens are intact. 21 The
South African Human Rights Commission supports the position of the
Commission on Gender Equality (CGE) that virginity testing should be prohibited
on the basis that it discriminates against women and girls and infringes on a
number of rights in the Bill of Rights, as listed above. 22
In my view, virginity testing could lead to confusion amongst young girls
especially when the practice is performed by someone unknown to the child, as
parents very often warn children not to allow strangers to touch them
inappropriately. In addition to this, it is my view that the practice is degrading
and humiliating since the inspection of the genitals is often carried out in front of
large crowds comprising of members of the community where the results are
often made public.
From the above-mentioned submissions it can be argued that instead of curbing
the spread of HIV/AIDS, virginity testing may actually compound the problem by
exposing those who passed the test to rape and sexual abuse, prostitution, as
19 See fn 1 at p3.
20 Ibid at 3.
21 Author unknown, “Report by Commission on Gender Equality – Submission to the Select
Committee on Social Services, Children’s Bill [B70B – 2003]”, 1 October 2005 at 7. Available
online at http://www.cge.org.za/userfiles/documents/select-committee- 1oct05.doc. Accessed on
8 April 2006.
22 Author unknown, “Harmful Social and Cultural Practices – Virginity Testing?”, Children’s Bill
[B70 – B2003], Submission to the Select Committee on Social Services NCOP, at 1. Available
online at http://web.uct.ac.za/depts/ci/pl/docs/SAHRC%20Submission%20-
%20virginity%20testing.doc. Accessed on 22 April 2006.