Domestic Violence, Health and HIV - Tshwaranang Legal Advocacy ...
Domestic Violence, Health and HIV - Tshwaranang Legal Advocacy ...
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<strong>Domestic</strong> <strong>Violence</strong>, <strong>Health</strong> <strong>and</strong> <strong>HIV</strong><br />
A review on progress made in addressing<br />
domestic violence through the <strong>HIV</strong> & AIDS<br />
<strong>and</strong> STI National Strategic Plan 2007-2011<br />
Policy Brief # 3 | February 2009<br />
Anneke Meerkotter<br />
Definition of<br />
‘domestic violence’<br />
The <strong>Domestic</strong> <strong>Violence</strong> Act 116<br />
of 1998 defines ‘domestic<br />
violence’ as any controlling or<br />
abusive behaviour by a partner<br />
which harms, or may cause<br />
imminent harm to the safety,<br />
health or wellbeing of a person<br />
with whom the abuser is in a<br />
domestic relationship.<br />
<strong>Domestic</strong> violence includes<br />
physical abuse, sexual abuse,<br />
emotional, verbal <strong>and</strong> psychological<br />
abuse, intimidation,<br />
harassment, stalking,<br />
damage to property, <strong>and</strong> entry<br />
into a complainant’s residence<br />
without consent.<br />
1. Executive summary<br />
South Africa has a national <strong>HIV</strong> prevalence rate of approximately<br />
29.4%, 1 which is one of the highest in the world.<br />
The prevalence of the epidemic is particularly high amongst<br />
women between the ages of 20 <strong>and</strong> 34. Current research<br />
has shown that domestic violence increases women’s risk of<br />
<strong>HIV</strong> infection. In light of this, it is important to assess the<br />
extent to which health sector responses to <strong>HIV</strong> <strong>and</strong> AIDS<br />
acknowledge the role of domestic violence in driving the<br />
epidemic <strong>and</strong> how these responses address the intersection<br />
of these factors.<br />
This policy brief explores these questions by analysing<br />
the <strong>HIV</strong> & AIDS <strong>and</strong> STI National Strategic Plan 2007-2011<br />
(hereafter referred to as the NSP). The policy brief focuses<br />
on the opportunities created by the NSP to develop more<br />
comprehensive health policies which take into account the<br />
specific needs of survivors of domestic violence.<br />
The electronic version of the complete NSP document can be downloaded from<br />
www.info.gov.za/otherdocs/2007/aidsplan2007<br />
<strong>Tshwaranang</strong> <strong>Legal</strong> <strong>Advocacy</strong> Centre<br />
to End <strong>Violence</strong> Against Women (TLAC)<br />
Johannesburg<br />
Tel: 011-403-8230/4267, Fax: 011-403-4275<br />
Acornhoek<br />
Tel: 013-795-5294, Fax: 013-795-5024<br />
www.tlac.org.za<br />
1
2. The NSP’s response to<br />
domestic violence<br />
While there is currently no formal health policy addressing<br />
domestic violence <strong>and</strong> its intersection with <strong>HIV</strong>-infection,<br />
the NSP attempts to address gender-based violence in a<br />
variety of ways. These include:<br />
1. Implementing all national policies <strong>and</strong> legislation aimed at<br />
improving the status of women;<br />
2. Developing <strong>and</strong> implementing strategies to address<br />
gender-based violence; <strong>and</strong><br />
3. Addressing the needs of women in abusive relationships.<br />
Unfortunately, many health sector interventions on<br />
gender-based violence, including those espoused in the<br />
NSP, focus on providing post-rape care services <strong>and</strong> do not<br />
specifically address domestic violence. The NSP primarily<br />
addresses gender-based violence through overlapping<br />
interventions in two priority areas: ‘prevention’ <strong>and</strong> ‘human<br />
rights <strong>and</strong> access to justice’.<br />
The following two sections discuss the broad strategies in<br />
the NSP to address domestic violence <strong>and</strong> reviews how they<br />
translate into policy <strong>and</strong> practice in the health sector.<br />
1. THE DEVELOPMENT AND IMPLEMENTATION<br />
OF STRATEGIES TO ADDRESS GENDER-<br />
BASED VIOLENCE<br />
Objectives outlined in the NSP on strategies to<br />
address gender-based violence<br />
Priority Area 1: Prevention<br />
Goal 1: Reduce vulnerability to <strong>HIV</strong> infection <strong>and</strong><br />
the impact of AIDS<br />
Objective 1.2 Accelerate programmes to empower women<br />
<strong>and</strong> educate men, <strong>and</strong> women on human rights in general<br />
<strong>and</strong> women’s rights in particular<br />
• Implement all national policies <strong>and</strong> legislation<br />
aimed at improving the status of women<br />
• Develop <strong>and</strong> implement a communication strategy<br />
including leadership messages to educate<br />
men, women, boys <strong>and</strong> girls on women’s rights<br />
<strong>and</strong> human rights<br />
• Roll-out integrated microfinance <strong>and</strong> gender<br />
education interventions starting in the poorest<br />
<strong>and</strong> highest <strong>HIV</strong> burden areas<br />
Objective 1.3 Develop <strong>and</strong> implement strategies to address<br />
gender-based violence<br />
• Develop communication strategies including<br />
leadership messages which address the unacceptability<br />
of coercive sex, gender power stereotypes<br />
<strong>and</strong> the stigmatisation of rape survivors.<br />
It seems feasible that the NSP’s focus should be a public<br />
health response to gender-based violence. This would entail<br />
focusing on primary <strong>and</strong> secondary prevention of genderbased<br />
violence – i.e. to lower the incidence of domestic<br />
violence <strong>and</strong> sexual violence by addressing the causes <strong>and</strong><br />
risk factors that underlie the perpetration of violence <strong>and</strong> the<br />
victimisation of women in South Africa.<br />
It seems feasible that the NSP’s focus should be a public<br />
health response to gender-based violence. This would<br />
entail focusing on primary prevention of gender-based<br />
violence – i.e. to lower the incidence of domestic violence<br />
<strong>and</strong> sexual violence by addressing the causes <strong>and</strong> risk<br />
factors that underlie the perpetration of violence <strong>and</strong><br />
the victimisation of women in South Africa.<br />
Criminal justice responses to domestic violence <strong>and</strong><br />
sexual violence are better classified as tertiary prevention<br />
strategies because they occur in direct response to an incident<br />
of sexual assault or domestic violence. Such responses are<br />
currently addressed through government initiatives which<br />
do not have a specific <strong>HIV</strong> focus. Three other multi-sector<br />
framework documents were also launched in 2007 to address<br />
gender-based violence <strong>and</strong> focus primarily on the criminal<br />
justice system: the 365 Days National Action Plan to End Gender<br />
<strong>Violence</strong> 2007-2009, the 4 th draft of the Integrated Victim<br />
Empowerment Policy <strong>and</strong> the National 5 year Implementation<br />
Plan for the Service Charter for Victims of Crime 2007-2011.<br />
A recent World <strong>Health</strong> Organization expert consultation<br />
identified four steps to a public health sector approach to<br />
primary prevention: 2<br />
1. Define domestic violence <strong>and</strong> sexual violence <strong>and</strong><br />
document its scope <strong>and</strong> magnitude;<br />
2. Identify factors that increase the risk of domestic violence<br />
<strong>and</strong> sexual violence or insulate its occurrence;<br />
3. Design implementation strategies based on knowledge<br />
of risk <strong>and</strong> protective factors that are grounded in social<br />
science theory. Evaluate the impact of the strategy; <strong>and</strong><br />
4. Implement proved <strong>and</strong> promising strategies on a larger<br />
scale, in various settings, continuing to evaluate their<br />
impact.<br />
Some of the NSP strategies to address gender-based<br />
violence have followed the above guidelines:<br />
• Research has shown that microfinance <strong>and</strong> gender education<br />
interventions (objective 1.2 of the NSP) can lead to a<br />
reduction in intimate partner violence. 3 These strategies<br />
have accordingly been incorporated into the NSP with the<br />
objective to roll-out integrated microfinance <strong>and</strong> gender<br />
education interventions starting in the poorest <strong>and</strong> highest<br />
<strong>HIV</strong> burden areas – Objective 1.2 of the NSP).<br />
• Research indicated that certain communication strategies<br />
which address the unacceptability of coercive sex, gendered<br />
power stereotypes <strong>and</strong> sexual behaviour could reduce<br />
gender-based violence. 4 Objective 1.3 of the NSP focuses on<br />
the development of communication strategies by a whole<br />
range of government departments to address coercive sex,<br />
the perpetuation of gendered power stereotypes <strong>and</strong> the<br />
stigmatisation of rape survivors. Since the outcome of such<br />
strategies depend on the quality of content <strong>and</strong> facilitators,<br />
it is a concern that government departments might not<br />
have the capacity to develop <strong>and</strong> evaluate programmes that<br />
will address this objective adequately.<br />
Unfortunately, many promising strategies developed in<br />
specific locations by non-governmental organisations will<br />
require significant government commitment <strong>and</strong> resources<br />
before it is implemented by government on a larger scale.<br />
2
2. PROVISION OF COMPREHENSIVE HEALTH<br />
SERVICES ON GENDER-BASED VIOLENCE<br />
Objectives outlined in the NSP on health services<br />
for survivors of gender-based violence<br />
Priority Area 1: Prevention<br />
Goal 2: Reduce sexual transmission of <strong>HIV</strong><br />
Objective 2.3 Increase open discussion of <strong>HIV</strong> <strong>and</strong><br />
sexuality between parents <strong>and</strong> children<br />
• Increase access to youth friendly health services<br />
in the public sector<br />
Objective 2.5 Increase roll out of prevention programmes<br />
for higher risk populations<br />
• Incremental roll-out of comprehensive<br />
customised <strong>HIV</strong> prevention package in prisons,<br />
including access to voluntary counselling <strong>and</strong><br />
testing (VCT), male condoms, lubricants, STI<br />
symptom recognition, PEP <strong>and</strong> STI treatment<br />
Objective 2.9 Increase accessibility <strong>and</strong> availability of<br />
comprehensive sexual assault care including PEP <strong>and</strong> psychosocial<br />
support<br />
Goal 19: Focus on the human rights of women <strong>and</strong><br />
children, including people with disabilities, <strong>and</strong><br />
mobilise society to promote gender <strong>and</strong> sexual<br />
equality <strong>and</strong> address gender-based violence<br />
Objective 19.2 Ensure implementation of existing laws<br />
<strong>and</strong> policies that protect women <strong>and</strong> children from genderbased<br />
violence<br />
Objective 19.3 Address the needs of women in abusive<br />
relationships<br />
• Train VCT <strong>and</strong> adherence counsellors to identify<br />
barriers that prevent women from accessing <strong>HIV</strong><br />
prevention, treatment <strong>and</strong> care services<br />
The NSP also has a specific secondary prevention focus<br />
in addressing gender-based violence by responding to the<br />
emergency health needs of rape survivors. Primarily, the NSP<br />
focuses on the adequate implementation of existing health<br />
policies.<br />
The Department of <strong>Health</strong> is the lead agency tasked<br />
with ensuring health services for survivors of gender-based<br />
violence. In January 2005 the Department of <strong>Health</strong> released<br />
its National Sexual Assault Policy <strong>and</strong> National Management<br />
Guidelines for Sexual Assault Care. 5 This is a progressive<br />
document which has as one of its objectives “to establish<br />
designated, specialised <strong>and</strong> accessible 24 hour health care<br />
services for the holistic management of patients to improve<br />
health status after sexual assault.” 6 The NSP calls for the<br />
proper implementation of this policy <strong>and</strong> its guidelines.<br />
Research conducted in 2003 also noted that, although not<br />
required, many health providers believed that patients should<br />
report sexual assault to the police first before they could prescribe<br />
PEP, for example, in the Free State 83% of providers<br />
indicated they would send the patient to the police first. 7 The<br />
above factor acts as a barrier to women in abusive relationships<br />
who are not willing to open a criminal case of rape.<br />
The ability of a rape survivor to manage the health<br />
consequences of the assault <strong>and</strong> to take PEP <strong>and</strong> other<br />
medication might be hampered where the rape survivor is in<br />
an ongoing abusive relationship or subjected to child abuse.<br />
The provision of sexual assault services to rape survivors<br />
therefore provide an important opportunity to screen for<br />
domestic violence. This is not currently required by the<br />
National Sexual Assault Policy <strong>and</strong> Management Guidelines.<br />
The emphasis of the NSP on the provision of psychological<br />
support to rape survivors (Objective 2.9) is also sadly lacking<br />
in current policy initiatives aimed at rape survivors <strong>and</strong>,<br />
if included, would help to assist rape survivors in abusive<br />
relationships or who are victims of child abuse.<br />
By focusing only on the health needs of rape survivors,<br />
the NSP misses an opportunity to address the link between<br />
<strong>HIV</strong> <strong>and</strong> domestic violence by tackling the health needs of<br />
abused women.<br />
If the intention of the NSP is to provide holistic health<br />
services to assist abused women <strong>and</strong> children <strong>and</strong> to<br />
prevent further <strong>HIV</strong> infection, then it is also imperative<br />
that the implementation of the following NSP objectives<br />
consider gender-based violence:<br />
• Interventions to increase access to sexual <strong>and</strong> reproductive<br />
health services for the youth (Objectives 2.2 <strong>and</strong> 2.3) should<br />
recognise domestic violence as a possible element of youth<br />
relationships or as a factor in the family life of youth. The<br />
existing Policy Guidelines for Youth <strong>and</strong> Adolescent <strong>Health</strong>,<br />
2001 already states that sexual <strong>and</strong> reproductive health care<br />
includes addressing domestic violence <strong>and</strong> sexual violence.<br />
The latter policy suggests various health interventions<br />
relating to violence which should be acted upon:<br />
- Give particular attention to parents/guardians who are<br />
at risk of abusing their infants, for example by ensuring<br />
more frequent clinic visits or home visits both before the<br />
birth <strong>and</strong> after<br />
- Train health care professionals in the identification,<br />
management <strong>and</strong> referral of victims, to address physical<br />
<strong>and</strong> psychological aspects of violence<br />
- Have 24-hour youth-friendly emergency services that have<br />
access to psychological services for adolescents <strong>and</strong> youth<br />
that are victims <strong>and</strong> perpetrators of abuse <strong>and</strong> violence.<br />
• The NSP suggests the integration of sexual <strong>and</strong> reproductive<br />
health <strong>and</strong> <strong>HIV</strong> prevention services into all relevant<br />
health services (Objective 2.6) <strong>and</strong> specifically advocates for<br />
the promotion of male sexual health, including addressing<br />
issues relating to gender <strong>and</strong> responsible parenting (Objective<br />
2.7). These interventions provide an opportunity to<br />
identify domestic violence in various health settings.<br />
• The scaling up of prevention programmes for people living<br />
with <strong>HIV</strong>, including programmes that support voluntary<br />
disclosure of <strong>HIV</strong> status <strong>and</strong> promote access to female<br />
condoms (Objective 2.10), should incorporate domestic violence.<br />
<strong>HIV</strong> testing <strong>and</strong> counselling provides a good avenue<br />
to discuss barriers to <strong>HIV</strong> status disclosure resulting from<br />
a fear of violence. <strong>HIV</strong> counsellors should address this fear<br />
when discussing disclosure <strong>and</strong> be prepared to refer women<br />
to domestic violence services or social workers. 8 An intervention<br />
linked to this is the training of VCT <strong>and</strong> adherence<br />
counsellors to identify barriers that prevent women in<br />
abusive relationships from accessing <strong>HIV</strong> prevention, treatment<br />
<strong>and</strong> care services (Objective 19.3). 9<br />
3
• The NSP aims to broaden existing mother to child transmission<br />
services to include other related services <strong>and</strong> target<br />
groups (Objective 3.1). Research has shown that pregnant<br />
women are more vulnerable to domestic violence <strong>and</strong> that<br />
the lowest rates for disclosure of <strong>HIV</strong> status as a result of<br />
fear from their partners are amongst pregnant women. The<br />
highest rates of disclosure-related violence were reported<br />
among women at antenatal clinics. 8 The Policy <strong>and</strong> Guidelines<br />
for the Implementation of the Prevention of Mother to Child<br />
Transmission (PMTCT) programme aims to support the implementation<br />
of women empowerment programmes <strong>and</strong><br />
fight against gender-based violence, but this objective is not<br />
further elaborated on in the policy <strong>and</strong> therefore might get<br />
lost during implementation. The policy also fails to address<br />
domestic violence as part of post-<strong>HIV</strong> test counselling.<br />
• Scaling up the coverage of the comprehensive care <strong>and</strong> treatment<br />
package (Objective 6.1) provides another opportunity<br />
to screen for domestic violence in various ways. It includes<br />
interventions aimed at improving the quality of wellness<br />
programmes, providing psychosocial support including<br />
disclosure, implementing integrated contraceptive services<br />
for women <strong>and</strong> implementing facility <strong>and</strong> community based<br />
adherence support strategies <strong>and</strong> programmes.<br />
• Access to contraceptive services that suit the needs of<br />
abused women are crucial in any <strong>HIV</strong> prevention strategy<br />
<strong>and</strong> are included in almost all intervention packages<br />
proposed by the NSP. It makes sense for female condoms,<br />
the only contraceptive method that is both femalecontrolled<br />
<strong>and</strong> can prevent <strong>HIV</strong>, to be widely available. A<br />
recent health survey however indicated that while about 53<br />
percent of women have knowledge of female condoms, they<br />
are used by only 0.3 percent of sexually active women. 11<br />
There is an internal contradiction between the inclusion<br />
of female condoms in the intervention packages touted by<br />
the NSP <strong>and</strong> the failure of the NSP to include strategies<br />
to increase access to female condoms through marketing,<br />
production, distribution <strong>and</strong> affordability.<br />
Intervention Packages outlined in the NSP<br />
NSP Intervention Packages that include reference to<br />
gender rights, gender-based violence <strong>and</strong> child abuse:<br />
• <strong>HIV</strong> prevention programme, interventions <strong>and</strong><br />
curricula<br />
• Prevention package for sex workers <strong>and</strong> their clients<br />
• Early Childhood Development Care Package<br />
• OVC package<br />
NSP Intervention Packages that omit reference to<br />
gender-based violence <strong>and</strong> child abuse:<br />
• Exp<strong>and</strong>ed PMTCT package<br />
• Youth-friendly sexual <strong>and</strong> reproductive health services<br />
• Unwanted pregnancy package<br />
• Positive prevention package<br />
• Workplace prevention package<br />
• Prison prevention package<br />
• Wellness care package<br />
• Food support package<br />
• Incremental roll-out of comprehensive customised <strong>HIV</strong><br />
prevention package to higher risk occupational groups<br />
3. <strong>Domestic</strong> violence <strong>and</strong><br />
<strong>HIV</strong><br />
The link between domestic violence <strong>and</strong> the<br />
increased risk of <strong>HIV</strong> infection is widely<br />
acknowledged:<br />
- International <strong>and</strong> local research has shown<br />
that women with violent partners are<br />
significantly more likely to report that they<br />
knew their partners had had other sexual<br />
partners while in a relationship with<br />
them, than women whose partners were<br />
not violent. 2 Various studies have shown<br />
that abusive partners generally engage in<br />
more high-risk sexual behaviour such as<br />
simultaneous partners <strong>and</strong> transactional<br />
sex. Accordingly, they are more at risk of<br />
contracting <strong>HIV</strong>, 12 placing their partners at<br />
increased risk of <strong>HIV</strong> infection. 13<br />
- Research has indicated that men who<br />
argue that the use of condoms negates<br />
trust in a relationship are generally more<br />
controlling than other men. 14 The 2003<br />
South African Demographic <strong>and</strong> <strong>Health</strong><br />
Survey points to women’s varying levels of<br />
condom negotiation skills depending on<br />
their level of education. This suggests that<br />
many women in South Africa still find it<br />
difficult to negotiate safer sex <strong>and</strong> would<br />
be especially vulnerable to <strong>HIV</strong> infection<br />
in the context of an abusive relationship. 15<br />
The associated powerlessness felt by women<br />
in abusive relationships is also linked<br />
to more frequent sex <strong>and</strong> a reduction in<br />
condom use. 16<br />
Little research has been done about the<br />
impact of domestic violence on women <strong>and</strong><br />
children already living with <strong>HIV</strong>/AIDS.<br />
Concerns exist about the risk of violence <strong>and</strong><br />
ab<strong>and</strong>onment following disclosure of <strong>HIV</strong><br />
status to a partner. 17 The fear of violence <strong>and</strong><br />
its impact was reported in a Zambian study as<br />
a key barrier to many women being tested for<br />
<strong>HIV</strong>, returning to a health facility to access<br />
their <strong>HIV</strong> results, disclosing their <strong>HIV</strong> status<br />
<strong>and</strong> accessing ARV treatment. 18<br />
Policy responses to domestic violence must<br />
take these circumstances into account.<br />
Various studies have shown that abusive partners<br />
generally engage in more high-risk sexual<br />
behaviour such as simultaneous partners <strong>and</strong><br />
transactional sex. Accordingly, they are more at<br />
risk of contracting <strong>HIV</strong>, 12 placing their partners<br />
at increased risk of <strong>HIV</strong> infection. 13<br />
4
4. Current health policy on<br />
domestic violence<br />
<strong>Domestic</strong> violence is widespread in South Africa 19 <strong>and</strong> there<br />
is an urgent need to create a response capable of preventing<br />
domestic violence, as well as addressing its consequences.<br />
South Africa’s health sector response to domestic violence<br />
is however under-developed <strong>and</strong> fragmented. Threads of a<br />
response are scattered throughout the following policies:<br />
• The Primary <strong>Health</strong> Care Package for South Africa (2000) 20 - This<br />
policy provides for the counselling <strong>and</strong> referral of survivors of<br />
domestic violence <strong>and</strong> sexual assault, STI prophylaxis <strong>and</strong> <strong>HIV</strong><br />
testing, emergency contraception, care of injuries, medico-legal<br />
advice <strong>and</strong> documentation of evidence.<br />
• The National Guideline on prevention, early detection/identification<br />
<strong>and</strong> intervention of physical abuse of older persons at primary level was<br />
passed in March 2000 but has not yet been properly implemented.<br />
21 In November 2007 the Department of Social Development<br />
published a draft National Elder Abuse Protocol as an annexure to<br />
the draft Regulations on the Older Persons’ Act 13 of 2006. The Protocol<br />
is based on the Department of <strong>Health</strong>’s Guidelines. The Protocol<br />
sets out abuse indicators <strong>and</strong> the steps to be taken in identifying,<br />
reporting, assessing <strong>and</strong> managing abuse. Medical practitioners,<br />
nurses, emergency services <strong>and</strong> community health services are<br />
included in the list of professionals who must be able to identify,<br />
assess <strong>and</strong> report abuse. The Protocol sets out guidelines for the<br />
management of suspected elder abuse which should be followed by<br />
service providers including the ambulance, hospital casualty department,<br />
general practitioners, medical doctors <strong>and</strong> nurses.<br />
• The 5-year National Implementation Plan for the Service Charter<br />
for Victims of Crime 2007-2011, elaborates on the Department of<br />
<strong>Health</strong>’s responsibilities towards victims of crime <strong>and</strong> violence. 22<br />
The Implementation Plan intended to identify or establish<br />
dedicated units to provide services for victims of crime <strong>and</strong> to<br />
develop st<strong>and</strong>ardised records on physical abuse by April 2007. The<br />
Implementation Plan also requires health providers to document<br />
physical abuse, open files for all patients of violence <strong>and</strong> inform<br />
them of their right to request prosecution. 23 The Implementation<br />
Plan has unfortunately not been disseminated well at Provincial<br />
Level <strong>and</strong> many of the 2007/2008 timeframes for implementation<br />
were not met.<br />
In practice, health workers have a bio-medical approach<br />
to domestic violence <strong>and</strong> seldom record the presence of<br />
domestic violence, enquire into whom had caused the assault,<br />
or refer the patient to other support services. The inadequate<br />
response by the health sector to domestic violence negates<br />
the Department of <strong>Health</strong>’s stated intention to strengthen<br />
the response to gender-based violence. 24<br />
5. Policy recommendations<br />
In 2005, the World <strong>Health</strong> Organization urged governments<br />
to address violence against women as part of its work towards<br />
achieving the Millennium Development Goals. 25 Specific<br />
health recommendations include:<br />
• Efforts to improve maternal health should include measures<br />
to reduce intimate partner violence (MDG 5 – improve maternal<br />
health);<br />
• Providers of reproductive health care should be trained to recognise<br />
signs of violence against women <strong>and</strong> referral systems put in<br />
place to ensure that appropriate care, follow-up <strong>and</strong> support services<br />
are available (MDG 5 – improve maternal health);<br />
• National <strong>HIV</strong> prevention strategies should include components<br />
that aim to reduce violence against women, challenge social<br />
norms that condone such violence <strong>and</strong> empower women <strong>and</strong> girls<br />
to protect themselves against unwanted or forced sex (MDG 6 –<br />
combat <strong>HIV</strong>/AIDS, malaria <strong>and</strong> other diseases);<br />
• <strong>HIV</strong>/AIDS awareness campaigns should include information<br />
about the relationship between violence against women <strong>and</strong> <strong>HIV</strong>/<br />
AIDS <strong>and</strong> the <strong>HIV</strong>-related health risks of harmful traditional <strong>and</strong><br />
formal practices (MDG 6 – combat <strong>HIV</strong>/AIDS, malaria <strong>and</strong> other<br />
diseases); <strong>and</strong><br />
• AIDS treatment initiatives should address intimate partner<br />
violence as an obstacle to both testing <strong>and</strong> treatment <strong>and</strong> ensure<br />
confidentiality <strong>and</strong> support for women who seek either (MDG 6 –<br />
combat <strong>HIV</strong>/AIDS, malaria <strong>and</strong> other diseases).<br />
Since South Africa has committed itself to the attainment<br />
of the Millennium Development Goals, the above recommendations<br />
provide a useful framework for a South African<br />
health policy which is more nuanced <strong>and</strong> reflects a better underst<strong>and</strong>ing<br />
of the health consequences of domestic violence.<br />
This policy brief does not recommend any amendments<br />
to the NSP, instead it urges the Department of <strong>Health</strong> to<br />
integrate domestic violence into its policies, programmes<br />
<strong>and</strong> interventions. There are various opportunities within<br />
the NSP for the health sector to address domestic violence<br />
through both primary <strong>and</strong> secondary intervention strategies.<br />
The Department of <strong>Health</strong> has a duty to develop an array of<br />
health policies <strong>and</strong> programmes which address the needs of<br />
women <strong>and</strong> children who are being abused.<br />
It is equally important for civil society to lobby for such<br />
policy <strong>and</strong> programme developments <strong>and</strong> to monitor its<br />
implementation. Unfortunately civil society interventions<br />
relating to the NSP are often only focused on access to health<br />
services for rape survivors <strong>and</strong> on the criminal justice system.<br />
At the end of 2008, the targets that were set for the implementation<br />
of many of the NSP objectives remain elusive. A key<br />
focus of the South African National AIDS Council (SANAC)<br />
<strong>and</strong> all its sectors for 2009 should be on finalising the policy<br />
<strong>and</strong> strategy commitments made in the NSP <strong>and</strong> allocating<br />
sufficient resources for the implementation of the NSP.<br />
The systems that will be set up by SANAC to monitor <strong>and</strong><br />
evaluate the implementation of the NSP are not currently<br />
geared towards giving a clear picture of the implementation<br />
of the NSP. In the absence of a proper monitoring <strong>and</strong> evaluation<br />
system, it becomes difficult for civil society to evaluate<br />
the accessibility <strong>and</strong> quality of intervention programmes.<br />
Such systems should include mechanisms for civil society<br />
to evaluate the extent to which gender-based violence is addressed<br />
through various NSP interventions <strong>and</strong> to propose<br />
changes where necessary.<br />
This policy brief further recommends that the<br />
Department of <strong>Health</strong> develop a domestic violence policy<br />
which ensures that domestic violence is acknowledged<br />
<strong>and</strong> addressed within the health sector. In addition, there<br />
is an urgent need to train health services providers at all<br />
levels to recognise abuse (whether it is child abuse, abuse of<br />
elder persons or domestic violence), to document the abuse<br />
properly, <strong>and</strong> to respond appropriately <strong>and</strong> with sensitivity.<br />
The Department of <strong>Health</strong> has a duty to develop an<br />
array of health policies <strong>and</strong> programmes which address<br />
the needs of women <strong>and</strong> children who are being abused.<br />
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Additional Reading<br />
1. The recent report “Developing a <strong>Health</strong> Sector Response to <strong>Domestic</strong> <strong>Violence</strong> – A<br />
Roundtable Discussion” will provide readers with an overview of some of the key<br />
issues relating to the development of a health sector response to domestic violence.<br />
The discussion was hosted by <strong>Tshwaranang</strong> <strong>Legal</strong> <strong>Advocacy</strong> Centre <strong>and</strong> the Centre for<br />
<strong>Health</strong> Policy on 11 <strong>and</strong> 12 August 2008 at Wits University.<br />
2. A literature review on domestic violence screening <strong>and</strong> a summary of existing South<br />
African health policies on domestic is also available.<br />
The above documents are available from the TLAC website at www.tlac.org.za<br />
Endnotes<br />
1 Dorrington R (2008) “Has <strong>HIV</strong> prevalence peaked in South Africa?<br />
Can the report on the latest antenatal survey be trusted to answer this<br />
question?” Available at http://www.samj.org.za/index.php.samj/article/<br />
viewFile/2885/2093<br />
2 World <strong>Health</strong> Organization (2007) Report on the Expert meeting on the<br />
primary prevention of intimate partner violence <strong>and</strong> sexual violence, 2-3 May<br />
2007, Geneva, Switzerl<strong>and</strong>, page 3.<br />
3 Pronyk P et al (2006) “Effect of a structural intervention for the<br />
prevention of intimate partner violence <strong>and</strong> <strong>HIV</strong> in rural South Africa:<br />
results of a cluster r<strong>and</strong>omized trial” The Lancet Vol 368, 1973-1983,<br />
South African IMAGE Study on violence <strong>and</strong> <strong>HIV</strong>. Available at http://web.<br />
wits.ac.za/Academic/<strong>Health</strong>/Public<strong>Health</strong>/Radar/SocialInterventions/<br />
InterventionwithMicrofinanceforAIDSGenderEquity.htm<br />
4 Jewkes R et al (2007) “Evaluation of Stepping Stones: A gender<br />
transformative <strong>HIV</strong> prevention intervention” Policy Brief, Gender &<br />
<strong>Health</strong> Research Unit, Medical Research Council. Available at http://www.<br />
mrc.co.za/gender/reports.htm<br />
5 Reference to the term “sexual assault” in the NSP <strong>and</strong> Department of<br />
<strong>Health</strong> documents refers to all sexual offences including rape, whilst the<br />
term “sexual assault” in the Criminal Law (Sexual Offences) Amendment Act<br />
replaces <strong>and</strong> goes beyond the previous definition of indecent assault, <strong>and</strong><br />
is different from rape.<br />
6 The National Sexual Assault Policy identifies the following strategies to<br />
achieve this objective: 1. Provision of health care immediately after sexual<br />
assault; 2. Sexual Assault examination kits should be available at facilities<br />
that provide sexual assault services; 3. Providing proper treatment of<br />
injuries; 4. Ensuring safety <strong>and</strong> avoiding re-victimisation; 5. Preventing<br />
unwanted pregnancy; 6. Providing post-exposure prophylaxis for <strong>HIV</strong>; 7.<br />
Preventing <strong>and</strong> treating sexually transmitted infections; 8. Preventing <strong>and</strong><br />
treating psychological distress; 9. Providing access to psychological/psychiatric<br />
care; 10. Medical certificates for sick leave; 11. On discharging the<br />
patient ensure that proper follow-up arrangements are in place; 12. Ensuring<br />
the integrity of the evidence chain; 13. Clinical management guidelines<br />
for health care professionals; 14. Provision of information to the<br />
patient; 15. Documentation of evidence;16. Reporting of forensic evidence;<br />
17. Giving evidence in court; 18. Accreditation of Providers of the service;<br />
19. Provisions of support services for health providers to prevent vicarious<br />
trauma; 20. Services have to be supervised, monitored <strong>and</strong> evaluated on a<br />
regular basis; 21. Provision of adequate 24 hour facilities.<br />
7 Christofides, C., Webster, N., Jewkes, R., Penn-Kekana, L., Martin, L.,<br />
Abrahams, N. <strong>and</strong> Kim, J. (2003). The State of Sexual Assault Services:<br />
Findings from a Situation Analysis of Services in South Africa. The South<br />
African Gender-based <strong>Violence</strong> <strong>and</strong> <strong>Health</strong> Initiative, page 16<br />
8 Maman S <strong>and</strong> Medley A (2004) Gender Dimensions of <strong>HIV</strong> status disclosure<br />
to sexual partners: Rates, barriers <strong>and</strong> outcomes, a review paper, World <strong>Health</strong><br />
Organization.<br />
9 World <strong>Health</strong> Organization (2006) Addressing violence against women in<br />
<strong>HIV</strong> testing <strong>and</strong> counselling, a meeting report, 16-18 January 2006, Geneva,<br />
page 23. Jacobs T, Jewkes R (2002) Vezimfihlo: a model for health sector<br />
response to gender violence in South Africa. International Journal of<br />
Obstetrics <strong>and</strong> Gynaecology 2002; Sep;78 Suppl 1:S51-6.<br />
10 Pages 85-86 of the NSP.<br />
11 Department of <strong>Health</strong>, Medical Research Council, OrcMacro (2007)<br />
South Africa Demographic <strong>and</strong> <strong>Health</strong> Survey 2003 (SADHS), Pretoria:<br />
Department of <strong>Health</strong>, page 62.<br />
12 Dunkle K, Jewkes R, Nduna M et al (2007) “Transactional sex <strong>and</strong><br />
economic exchange with partners among young South African men in<br />
the rural Eastern Cape: prevalence, predictors, <strong>and</strong> associations with<br />
gender-based violence” Social Science <strong>and</strong> medicine 65(6), 1235-48.<br />
13 Dunkle KL, Jewkes RK, Brown HC, Gray GE, McIntyre JA, Harlow SD<br />
(2004) “Gender-based violence, relationship power <strong>and</strong> risk of prevalent<br />
<strong>HIV</strong> infection among women attending antenatal clinics in Soweto,<br />
South Africa” The Lancet, 2004;363: 1415-1421.<br />
14 Jama PN, Jewkes R, Nduna M, Levin J, Dunkle K (submitted) “Factors<br />
associated with consistent condom use in young rural South African<br />
women” AIDS Care.<br />
15 SADHS, footnote 11, page 96. Education played a strong role in<br />
perceptions about women’s right to request condom use - 71 percent of<br />
both men <strong>and</strong> woman who had no education said a woman could propose<br />
condom use compared to 90 percent of men <strong>and</strong> 92 percent of women<br />
with higher education.<br />
16 Jewkes R, Dunkle K, Nduna M, Levin J, Jama N, Khuzwayo N, Koss<br />
M, Puern A, Duvvury N (2006) “Factors associated with <strong>HIV</strong> serostatus<br />
in young rural South African women: connections between<br />
intimate partner violence <strong>and</strong> <strong>HIV</strong>” International Journal of Epidemiology<br />
35(6):1461-8.<br />
17 Amnesty International (2008) ‘I am at the lowest end of all’ Rural women<br />
living with <strong>HIV</strong> face human rights abuses in South Africa, pages 64-65.<br />
18 Human Rights Watch (2007) Hidden in the mealie meal: Gender-based<br />
abuses <strong>and</strong> women’s <strong>HIV</strong> treatment in Zambia, Research Report.<br />
19 Jewkes, R, Penn-Kekana, L, Levin, J, Ratsaka, M <strong>and</strong> Schrieber, M<br />
(1999) “He must give me money, he mustn’t beat me”: <strong>Violence</strong> against women<br />
in three South African Provinces, Pretoria: CERSA (Women’s <strong>Health</strong>)<br />
Medical Research Council. Abrahams, N, Jewkes, R <strong>and</strong> Laubsher,<br />
R (1999) “I do not believe in democracy in the home” Men’s relationships<br />
with <strong>and</strong> abuse of women, Tygerberg: CERSA (Women’s <strong>Health</strong>) Medical<br />
Research Council. Mathews, S, Abrahams, N, Martin, LJ, Vetten, L, van<br />
der Merwe, L <strong>and</strong> Jewkes, R (2004) “Every six hours a woman is killed by<br />
her intimate partner”: A National Study of Female Homicide in South Africa,<br />
MRC Policy brief no. 5, June 2004.<br />
20 Available at http://www.doh.gov.za/docs/policy/norms/contents.html<br />
21 Available at http://www.doh.gov.za/docs/index.html<br />
22 Available at http://www.doj.gov.za/VC/VCdocs_implplan.htm<br />
23 This latter duty could be met by providing patients with the same<br />
information sheet that Regulations to the <strong>Domestic</strong> <strong>Violence</strong> Act<br />
requires clerks <strong>and</strong> police to provide survivors of domestic violence; i.e<br />
information about the right to either lay a criminal charge or to apply<br />
for a protection order, or to do both.<br />
24 Department of <strong>Health</strong> Strategic Plan 2007/08 to 2009/10, available at<br />
http://www.doh.gov.za/docs/discuss-f.html<br />
25 World <strong>Health</strong> Organization (2005) Addressing violence against women <strong>and</strong><br />
achieving the Millennium Development Goals. Available at http://www.who.<br />
int/gender/en<br />
This policy brief was made possible by the generous support of the American, Swedish <strong>and</strong> Norwegian people through the President's Emergency<br />
Plan for AIDS Relief through the United States Agency for International Development (USAID), Sida <strong>and</strong> the Norwegian Ministry of Foreign Affairs.<br />
The USAID funding was provided under the terms of the USAID Cooperative Agreement No. 674-A-00-08-00002-00, Academy for Educational<br />
Development Grant No. 3828-00-PopCoun-01. The contents are the responsibility of the Population Council <strong>and</strong> the <strong>Tshwaranang</strong> <strong>Legal</strong> <strong>Advocacy</strong><br />
Centre <strong>and</strong> do not necessarily reflect the views of the above mentioned funders or the governments of the United States, Sweden <strong>and</strong> Norway.<br />
Design: Ellen Papciak-Rose (Soweto Spaza cc) www.ellenpapciakrose.com<br />
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