sexual health and human rights in the african region - The ICHRP

7.3 The establishment of Anti-Domestic Violence Counsellors and the Anti-Domestic
Violence Council under Zimbabwean domestic violence law are important
innovations in the African region in terms of designing legislation that is
intended to deal not only with individual cases of domestic violence but also the
eradication of domestic violence at a systemic level.
8 Violence: Female Genital Mutilation
8.1 An increasing number of African countries have female genital specific
legislation. However, laws on female genital mutilation follow a predominantly
crime and punishment model. They do not impose state duties to educate and
raise awareness about the harmful effects of the practice.
8.2 The African Women’s Protocol contains a framework for eradicating harmful
traditional practices such as female genital mutilation in a manner that goes
beyond proscription to include awareness-raising, education, provision of
pertinent material support, and protection of those that are at risk of being
subjected to the practice.
9 Violence: Virginity Testing
9.1 Virginity testing does not appear to be a widespread phenomenon.
9.2 South Africa and Zimbabwe have legislative provisions that address virginity
testing. The South African Children’s Act explicitly proscribes it for girls below
16 years and requires informed consent older girls and women. Virginity testing
constitutes domestic violence under the Zimbabwean Domestic Violence Act if
carried out at the instigation of person who is in a domestic relationship with the
girl or woman.
10 Access to Health Services Related to Sex and Sexuality
10.1 The African Charter, the African Children’s Charter and the African Women’s
Protocol on the Rights of Women provide good edifices for the development and
implementation of a right to health services for the realization of sexual health at
the domestic level. However, domestic constitutions and legislation have
generally not followed suit.
10.2 The South African Constitution provides instructive models for respecting,
protecting and fulfilling access to health services. Section 27 of the South African
Constitution which guarantees everyone a right to health services is modeled
after the Convention on Economic, Social and Cultural Rights. Section 27 has
been interpreted and applied in a progressive manner by the Constitutional
Court of South Africa.
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