Human Rights and Sexuality in Africa Essay Example

are inherent in all individuals, including their sexual aspects. SRHR consists of four domains which can exhibit relative differences in certain situations but are closely linked in others: sexual health, sexual rights, reproductive health, and reproductive rights. SRHR acknowledges that while these four fields are separate entities, they share an interconnectedness.

The basic human right to sexuality includes the freedom to pursue any sexual identity and expression, according to the human rights approach. Kambarami (2015) highlights the increasing demand in the early 21st century to recognize and safeguard the rights of LGBTQ individuals as equal to those provided for heterosexuals and their marriages. Unfortunately, Zimbabwe only acknowledges heterosexual males and females as legitimate sexual identities, criminalizing any others. The cultural and social stigma surrounding homosexuality and other non-heterosexual orientations lead to their condemnation, disparagement, and outlawing. Leclerc-Madlala (2000) emphasizes that these marginalized identities are viewed as unnatural and westernized.

The rejection of homosexuality in Zimbabwe results in the impossibility for homosexual companions to discuss and establish their marriage rights and freedoms. According to the Human Rights Monitor (2001), the acknowledgement of sexual reproductive health is endorsed by the human rights approach to human sexuality, where men and women are granted the right to independently and collectively decide their own reproductive methods and actions, including contraception, maternity, copulation, marriage rights, and abortion. Chirimuuta (2006) claims that in Zimbabwe, sexual reproductive rights are incompletely addressed both legally and socially. However, women are allowed to select their preferred method of contraception, there are no limitations on conceiving children with any heterosexual partner, the law permits up to three months of maintenance leave, emergency contraception is permitted for rape victims,

abortion is permitted in special circumstances such as rape, underage sexual relationships are outlawed, and genital mutilation is prohibited. Kambarami (2015) finds that despite the advantages of sexual reproductive rights, there are discrepancies in the human rights approach to human sexuality.

In Zimbabwe, societal norms discourage various forms of reproductive choice. The human rights approach to sexuality advocates for women's autonomy over their bodies, including the decision to continue or terminate a pregnancy, without external interference. Nonetheless, abortion faces widespread disapproval in Zimbabwe and is generally viewed negatively by culturally conservative individuals. Furthermore, maintenance laws in Zimbabwe tend to favor women, causing stigmatization for men who take an active role in their children's lives. Additionally, Zimbabwe lacks technological resources and knowledge required for common conception methods available in developed countries such as surrogate motherhood, artificial insemination and child adoption which are also frowned upon by the society.

The International Center for Research on Women (2006) and Kambarami (2015) advocate for sexual freedom as a human right, regardless of sexual orientation, desire or preferred relationship type. This includes the right to engage in casual or committed sexual relationships, before or after marriage and for personal satisfaction. In Zimbabwe, social norms often stigmatize promiscuity, especially among women; there are no legal restrictions on the number of sexual partners or frequency of sexual activity. Traditional cultural practices may influence dowry payments with virgins commanding higher prices than non-virgins. Leclerc and Madlala (2000) support this observation by noting that virginity at the time of marriage is highly valued in certain Zimbabwean cultures. Contemporary trends have also promoted sexual responsibility and wisdom due to the prevalence of HIV/AIDS.

Charvet (2012) advocates for the

human rights approach to human sexuality, which allows for reasonable sexual expression that does not impede on the rights of others. Examples include public displays of affection like holding hands and kissing, cross-dressing, and wearing miniskirts or tight clothing. Khumalo-Sakutukwa and Garbus (2002) also agree that casual discussions about sex are permissible if they do not impede on others' rights. However, in Zimbabwe's conservative society, even minor displays of affection can lead to public shame, rebuke, beatings, and insults. Chronicle (2016) reports three instances in 2016 where women were harassed and stripped by crowds for wearing sexually suggestive clothing in Harare's central business district. In contrast to this, Messer (2004) points out that some Western societies have legal nudist discretion at beaches like Agesta Beach in Sweden, Patara Beach in Turkey and Filaki Beach in Greece where nude prancing is allowed.

The human rights approach to human sexuality emphasizes the need for laws that protect the rights and safety of prostitutes. However, in Zimbabwe, where prostitution is culturally and legally disapproved of and poses significant risks, comprehensive protections are lacking even though it has been decriminalized. Kambarami (2015) suggests that prostitution should be recognized as a form of commercial sexual expression and identity warranting extensive legal protection. Equitable sexual health is also promoted by the human rights approach, which calls for equal access to sexual health services such as prevention, diagnoses, and treatment of sexually transmitted diseases along with information on gender-specific illnesses like breast or cervical cancer or prostate or testicular cancer. Harmful practices affecting sexual health like virginity testing, genital mutilation by untrained individuals or circumcision are also targeted by this approach (Messer, 2004).

The

Zimbabwean social sphere has adopted modern views on sexual health, including banning risky practices like genital mutilation. This aspect of the human rights approach to human sexuality is applicable to both central and local government, as well as traditional leaders. Most of the population, even in rural areas, has become more enlightened and condemns practices that jeopardize male and female health. Khumalo-Sakutukwa and Garbus (2002) suggest that circumcision is now provided free of charge at most government hospitals as part of the fight against HIV and AIDS. Furthermore, the human rights approach to human sexuality also recognizes the right to sexual privacy.

According to Chirimuuta (2006), the approach to human sexuality that emphasizes privacy is applicable to the local social context where cultural, social, and legal norms dictate that sexual practices should not be publicly displayed. In Zimbabwe, Kambarami (2015) argues that exhibitionism is illegal, particularly in rural areas where traditional leaders like chiefs hold jurisdiction. Any extreme public display of sexuality is considered a breach of cultural or traditional customs and can lead to prosecution. Transgressors are brought before village trials where they face public ridicule and often receive hefty fines, as well as being cautioned against repeating such behavior. The Human Rights Monitor (2001) also notes that Zimbabwean culture believes that sexual transgression, including public sexual behavior or incest, upsets ancestors and God. Such transgressions may cause misfortune to befall the entire community in the form of drought or natural disasters like earthquakes.

According to Charvet (2012), comprehensive sex education is a crucial aspect of human rights regarding human sexuality. This includes instruction on various topics such as emotional relations and responsibilities, sexual anatomy

and activity, reproductive health and rights, safe sex, birth control and sexual abstinence. Additionally, the government also prohibits the sharing or trading of pornographic material to promote sexual privacy.

The increasing prevalence of sexually transmitted diseases such as HIV, AIDS, herpes zoster, hepatitis, and syphilis has made sexual education more indispensable. Messer (2004) suggests that sex education can be obtained from various sources including parents or caregivers, school programs and public health campaigns. In Zimbabwe, every individual is entitled to sexual education starting from infancy up until adulthood to ensure an appropriate discussion of topics like contraception, domestic violence, abstinence, pregnancy and rape among others. Previously considered taboo and sensitive issues; Kambarami (2015) confirms that it is now acceptable to educate people on these matters openly. Such discussions are integrated into both the curriculum in schools and parenting practices.

The right to be free from abuse based on gender or sexual orientation is included in the human rights approach to human sexuality. According to Khumalo-Sakutukwa and Garbus (2002), this means that individuals should not face physical or psychological harm or discrimination due to their gender or sexual identity. Zimbabwe provides protection against domestic violence for those in heterosexual relationships through the Domestic Violence Act of 2006, which makes partner abuse a criminal offense. However, some families discourage legal action in order to protect their reputation, despite opposition to domestic violence. Leclerc and Madlala (2000) suggest that elders act as intermediaries to resolve domestic violence privately and avoid shame. Unfortunately, same-sex couples are excluded from these rights because homosexuality is illegal and experience domestic abuse secretly.

There are situations where certain aspects of the human rights approach to sexuality

cannot be applied. The approach aims to safeguard liberties and provide protections, such as preventing forced and early marriages. Charvet's (2012) study emphasizes this protection. It is advised that sexual freedoms should only be exercised by those who have reached legal adulthood in their respective countries. This element of the human rights approach to sexuality is significant within the context of local social norms.

The illegal act of engaging in sexual or intimate activities with individuals under the age of 16 in Zimbabwe, which is considered statutory rape, is discussed by Chirimuuta (2006). Despite being condemned by society at large, forced and early marriages are prevalent within certain social spheres like the Johane Marange Apostolic Sect. Sokwanele (2016) argues that families often do not report these unions to authorities due to an effort to gain favor from self-proclaimed prophets and apostles. This essay explores the applicability of human rights principles to sexuality within a typical Zimbabwean social context. Although some aspects can be effectively applied, others cannot be put into practice either theoretically or in reality.