In order to promote equality between
men and women, biological as well as
socially and culturally constructed differences must be taken into account. Under
certain circumstances, such differences
will require non-identical treatment. This
is an important principle to keep in mind
when dealing with sexual and reproductive
health.5
On a few occasions, the Committee on the
Elimination of All Forms of Discrimination
against Women and the Committee on the
Rights of the Child have mentioned that
inequality between women and men often
makes women unable to secure safe sexual
practices, leading to increased exposure
to HIV, and the need to empower girls and
women in general.6
Unequal power relations based on gender
are a core concern for reproductive rights, as
inequality makes it difficult or impossible for
women and adolescent girls to refuse sex or
insist on safe and responsible sex practices.
Inequality also influences the occurrence
of harmful practices, such as female genital mutilation, polygamy and marital rape,
increasing women’s risk of contracting HIV/
AIDS and other STIs.7
5 Committee on the Elimination of All Forms of
Discrimination against Women, General Recommendation No. 25 from, 2004.
6 Committee on the Elimination of All Forms of
Discrimination against Women Papua New Guinea,
2010, Committee on the Rights of the Child Angola
2010, Committee on the Elimination of All Forms of
Discrimination against Women Burkina Faso 2010,
Committee on the Elimination of All Forms of Discrimination against Women Uganda 2010.
7 Committee on the Elimination of All Forms of
Discrimination against Women, General Recommendation No. 24, from 1999 on women and health.
92
Regarding HIV/AIDS, states should:
1. Intensify information dissemination to
increase public awareness of HIV and
AIDS, especially with respect to women
and children;
2. Ensure that programmes to combat
AIDS give special attention to the rights
and needs of women and children and
the factors relating to the reproductive
role of women and their subordinate
position in some societies; and
3. Ensure the active participation of women
in primary health care and as care providers, health workers and educators in
the prevention of infection with HIV.8
In relation to the girl-child, states should
address the issue of gender-based discrimination. In combination with judgmental
views on the sexual activities of girls, discrimination limits girls’ access to preventive
measures and other services. States should
also take steps to protect the lives of children by paying attention to sexuality and
behaviour even if it is outside of what is considered socially acceptable. Moreover, states
must protect girls against harmful practices,
such as early and forced marriages, which
not only violate girls’ rights but also increase
the risk of contracting HIV. States are further obliged to put in place prevention programmes taking into account the reality of
adolescent lives and ensuring equal access
to appropriate information, life skills, and
to preventive measures. Children, including
8 Committee on the Elimination of All Forms of
Discrimination against Women, General Recommendation No. 15, from 1990 concerns discrimination
against women in national strategies for the prevention and control of AIDS.
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