Edenvale, Thembisa hospitals implicated in forced sterilisation

Both Edenvale and Thembisa Hospitals have been implicated in an investigative report that HIV positive women had been sterilised without their consent or knowledge in a number of public hospitals, reports Kempton Express.

The report was issued by the Commission for Gender Equality on Monday, in which 48 case studies were mentioned.

The commission said the investigation on forced sterilisation arose from complaints by Her Rights Initiative (HRI) and International Community of Women Living with HIV (ICW).

Both these organisations were represented by the Women’s Legal Centre and later by Jody Fredericks Attorneys.

According to the commission, forced sterilisation occurs when a person is sterilised without their knowledge, consent or incomplete information. Similarly, coercive conduct is equally concerning.

“Forced sterilisation and coerced sterilisation are serious human rights violations as they subject women to inhumane, degrading treatment, indignity and torture. As such, these practices are outlawed and prohibited by international treaties and regional protocols as well as domestic legislation,” the commission stated.

Jack Bloom, MPL and DA Gauteng Shadow Health MEC, said he was horrified by the report.

“The report indicates that women who were pregnant and found to be HIV positive were coerced into being sterilised. Some women related they were forced to sign a consent form while in labour. Others were told because they were HIV positive they should not ask questions about what was done to them,” said Bloom.

“More cases may come to light and the ethical lapses could be as serious as the Life Esidemini tragedy,” he added.

The United Nations in South Africa also noted with concern the findings of the investigation by the Commission for Gender Equality in public hospitals in Gauteng and KwaZulu-Natal.

“The UN welcomes the department of health’s decision to meet with the Commission for Gender Equality to further discuss its full contents and recommendations.”

The South African National Aids Council (SANAC) said it should be noted that the report was based on assessment conducted between 2002 and 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. 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,” said SANAC.

“We note the acknowledgement of the report by Health Minister Dr Zweli Mkhize and his promise to engage the commssion directly on the report. We have full confidence in the minister’s ability to resolve this issue in all public health facilities, assuming the practice is still prevalent.”

The Minister in the Presidency for Women, Youth and Persons with Disabilities, Maite Nkoana-Mashabane, said she was deeply concerned by the human rights violations and reproductive injustices committed against women living with HIV.

“Forced and coerced sterilisation is an internationally recognised human rights violation. The experiences of these women demonstrate the gendered nature of HIV–related discrimination and prejudices by health-care providers. Thus, the attitudes of doctors and nurses committing these heinous acts leave much to be desired,” said Nkoana-Mashabane.

“It is important that these women are afforded the opportunity for redress. We applaud the recommendations that the National Department of Health (NDOH) must facilitate dialogue between themselves and the complainants in order for them to find ways of providing redress to the complainants.

“As the Department of Women, Youth and Persons with Disabilities, we will ensure that we work with ministers of health, justice, the sterilised women, the CGE, the Health Professions Council, the South African Nursing Council and the Health Ombudsman, The Interim Steering Committee on GBVF and civil society at large to root out this barbaric practice.

“The South African Constitution guarantees the rights of all women, the right to dignity, life and bodily integrity. The Sterilisation Act of 1998 provides for the protection of rights of women to make informed choices about sterilisation and the responsibility of health professionals in this regard.

“We call on the State to declare a moratorium on sterilisation of HIV-positive women while this matter is being resolved. A call to action must be made for the State to further investigate and sanction coercive and forced sterilisation.

“We also call upon medical professionals to work with the department to protect and uphold the rights of all women, including women living with HIV in South Africa,” said Nkoana-Mashabane.