Judge roots for strategic litigation

Gothataone Moeng | Thursday June 26, 2014 14:17

She told workshop participants in Gaborone to come up with a robust strategy to sustain efforts to change the law on human rights and women’s rights in Botswana.

The objectives of the workshop were to explore ways in which strategic litigation could be used in the protection of Sexual and Reproductive Health and Rights (SRHH).

The workshop was organised by The African Woman Leadership Academy (TAWLA) with support from the Southern African Litigation Centre (SALC).

Marumo said it is important to consider the protection provided by prevailing policy and legislation in the protection of SRHH in the formulation of a strategy on litigation.

“The Ministry of Health has formulated and published various policies on sexual and reproductive health rights, including policy on the involvement of men.

However we know from experience, particularly as relates to HIV/AIDS, that even though the policies propound rights based solutions, implementation is often thwarted by a lack of specific legislation to support,” she said.

She said despite the challenges, there have been positive strides in policy and legislation.

“Government health facilities provide effective contraception, and treatment for the prevention of transmission of the HIV virus from mother to child, are examples of policy based practices that give women autonomy and control over their sexual and reproductive health rights,” she said.

“As regards legislation, the recent amendments to the law on rape in the Penal Code, has developed a gender neutral definition of rape; the amendment has enhanced penalties for perpetrators who were aware of their HIV status when the offence was committed.

The promulgation of the Domestic Violence Act has created structures to protect women against gender-based violence, as well as remedies for survivors.

The new Children’s Act has created rights and responsibilities between children and parents and guardians, which will hopefully go a long way towards protecting the girl child and advancing her right to a proper childhood,” she said.

She said even though the controversial Public Health Act has struck a serious blow to the basic human rights that underlie sexual and reproductive health rights by its provisions that give medical professionals far reaching powers to disclose medical details on communicable diseases, it should be acknowledged for provisions that compel partners and spouses to disclose their HIV status to each other.