Concern over sterilisation of HIV-positive women

The SA National AIDS Council (Sanac) said it had noted with concern a recently released report by the Commission for Gender Equality (CGE) on the involuntary sterilisation of HIV-positive women in the country’s public health facilities.

This week, CGE chairperson Tamara Mathebula delivered the report which followed a complaint lodged by the Women’s Legal Centre on behalf of Her Rights Initiative (HRI) and the International Community of Women Living with HIV.

The commission sampled 15 hospitals in KwaZulu-Natal and Gauteng, the provinces where most complainants lived.

“The complaint was lodged on behalf of 48 women whose cases of forced/coerced sterilisation have been documented as well as a matter of public interest. It must be pointed out that the initial evidence presented in support of the complaint was not in the form of sworn affidavits but rather 48 documented cases.

“The complaint lodged is grounded on the gross human rights violations that women living with HIV in South Africa were subjected to forced and/or coerced sterilisation in public hospitals,” Mathebula said.

Sanac said that although the report was released this week, it should be noted that it is based on assessments conducted from 2002 to 2015.

“This however, does not, in any way negate the gross human rights violations suggested by the report and the failure to affirm the sexual and reproductive health rights of women in general.

“South Africa has made extraordinary progress in preventing mother-to-child HIV transmission to an insignificant percentage in clinical terms. The country also boasts the largest antiretroviral therapy in the world. All these interventions mean that women infected with HIV are able to give birth to uninfected babies. The parents of these babies also enjoy a healthier life since ARVs enable them to live a longer, healthier life. Involuntary or coerced sterilisation is therefore not only inhumane but it is also not informed by scientific facts – rendering it unnecessary,” Sanac said.

Mathebula said sterilisations were a serious human rights violation as it subjected women to indignity and torture.

“South African law makes it clear that sterilisation should not happen without informed consent or through coercion.

“Contrary actions in this regard are highly prohibited by local and international law. Many of the complainants had been forced by the health care professionals to sign the consent forms for sterilisation,” Mathebula said.

“Others alleged they were humiliated by the health care providers, which then exerted pressure on them to sign the forms.”

In the affidavit, one of the complainants said she was told: “You HIV people don’t ask questions when you make babies. Why are you asking questions now? You must be closed up because you HIV people like making babies and it just annoys us. Just sign the forms, so you can go to theatre.”

Another complainant due to deliver via caesarean at the Nkandla Hospital said she was coerced into being sterilised and alleged that nurses took away her cellphone and claimed staff would not assist her in giving birth until she completed the necessary sterilisation forms.

The commission said the national Department of Health should interrogate consent forms for sterilisations. The Health Department did not respond to requests for comment by deadline.