Thesis (MPH)--University of Limpopo, 2010. / Background Virginity testing is a practice that has stimulated lots of discussions amongst people from various perspectives. Controversies around this practice have necessitated further research in order to bring the voice of girls into the virginity testing debate. Aim and objective The aim of the study was to explore perceptions and experiences of girls on the practice of virginity testing. Methodology Triangulation of qualitative data collective method was used. The researcher informally engaged in key informants’ interviews with stakeholders who participate in the practice attended virginity testing celebration to observe the proceedings and processes conducted during the practice. Focus group discussions were conducted. Data was analyzed using NVIVO. Results Elders, in particular mothers, encouraged participation of girls in virginity testing. Girls observed and sighted benefits, ranging from viz: HIV/STI prevention, societal recognition and acceptance, purity before marriage and delay of sexual debut. Non participation was attributed to the in availability of virginity testing practices the areas. Concerns of doggy behaviors by testers, uneducated testers of testers, compromised health standards were discussed. Conclusions These findings reveal that there are areas of misunderstanding on how the practice is viewed and represented in the media. Arguments against virginity testing seem to be based on the perspective of on Westernized, feminist and individualistic notions of humanity disregarding the social construction of traditional cultural practices. Socialization and moral standards of people from a particularly Western orientation dominate the debate against virginity testing with no basis that is supported by research.

The South African Constitution and the Convention on the Elimination of All Forms of Discrimination Against Women and other international law instruments are missioned to ensure the advancement and protection of women by eradicating discriminatory actions targeting women, on any platform. The introduction of the Maiden Bursary, to advance the futures of young women, seeks to empower women. However, the process of achieving this advancement perpetuates negative gender stereotypes and a safe haven for discrimination. Therefore, this thesis unpacks the constitutionality and assesses the extent to which the bursary may limit constitutional rights such as equality and dignity. This thesis roots its argument on case law, legislation, and existing literature on virginity testing.

Virginity Testing, a traditional Zulu pre-nuptial custom that determines the worth of a bride, has been resurrected in communities in KwaZulu-Natal in South Africa as a response to the HIV/AIDS epidemic. The practice takes place during large community festivals when young girls have their genitals physically examined to determine whether they are virgins and results are made public. Supporters of the tradition claim that in fostering a value of chastity among its youth, it encourages abstinence from sexual intercourse which leads to a lower HIV infection rate and prevents the disease from spreading. Human rights activists disagree; Rather than slowing the spread of a disease, they argue, the practice instead endangers girls. Those who fail are often shunned and turn to prostitution, while those who pass may be exposed as potential targets for rape (due to a myth that says intercourse with a virgin cures HIV/AIDS). Despite a ban on the practice in 2005, the testing festivals continue, and are described by supporters as an important part of the preservation of Zulu culture. This thesis examines the ways in which human rights may be re-negotiated for young girls in Zulu communities while maintaining a respect for local culture. It moves beyond the traditional debate between relativism and universalism in order to propose solutions to rights violations in culturally diverse contexts by exploring ideas of inclusive human rights and capabilities theories.

Virginity Testing, a traditional Zulu pre-nuptial custom that determines the worth of a bride, has been resurrected in communities in KwaZulu-Natal in South Africa as a response to the HIV/AIDS epidemic. The practice takes place during large community festivals when young girls have their genitals physically examined to determine whether they are virgins and results are made public. Supporters of the tradition claim that in fostering a value of chastity among its youth, it encourages abstinence from sexual intercourse which leads to a lower HIV infection rate and prevents the disease from spreading. Human rights activists disagree; Rather than slowing the spread of a disease, they argue, the practice instead endangers girls. Those who fail are often shunned and turn to prostitution, while those who pass may be exposed as potential targets for rape (due to a myth that says intercourse with a virgin cures HIV/AIDS). Despite a ban on the practice in 2005, the testing festivals continue, and are described by supporters as an important part of the preservation of Zulu culture. This thesis examines the ways in which human rights may be re-negotiated for young girls in Zulu communities while maintaining a respect for local culture. It moves beyond the traditional debate between relativism and universalism in order to propose solutions to rights violations in culturally diverse contexts by exploring ideas of inclusive human rights and capabilities theories.

Virginity Testing, a traditional Zulu pre-nuptial custom that determines the worth of a bride, has been resurrected in communities in KwaZulu-Natal in South Africa as a response to the HIV/AIDS epidemic. The practice takes place during large community festivals when young girls have their genitals physically examined to determine whether they are virgins and results are made public. Supporters of the tradition claim that in fostering a value of chastity among its youth, it encourages abstinence from sexual intercourse which leads to a lower HIV infection rate and prevents the disease from spreading. Human rights activists disagree; Rather than slowing the spread of a disease, they argue, the practice instead endangers girls. Those who fail are often shunned and turn to prostitution, while those who pass may be exposed as potential targets for rape (due to a myth that says intercourse with a virgin cures HIV/AIDS). Despite a ban on the practice in 2005, the testing festivals continue, and are described by supporters as an important part of the preservation of Zulu culture. This thesis examines the ways in which human rights may be re-negotiated for young girls in Zulu communities while maintaining a respect for local culture. It moves beyond the traditional debate between relativism and universalism in order to propose solutions to rights violations in culturally diverse contexts by exploring ideas of inclusive human rights and capabilities theories.

Virginity Testing, a traditional Zulu pre-nuptial custom that determines the worth of a bride, has been resurrected in communities in KwaZulu-Natal in South Africa as a response to the HIV/AIDS epidemic. The practice takes place during large community festivals when young girls have their genitals physically examined to determine whether they are virgins and results are made public. Supporters of the tradition claim that in fostering a value of chastity among its youth, it encourages abstinence from sexual intercourse which leads to a lower HIV infection rate and prevents the disease from spreading. Human rights activists disagree; Rather than slowing the spread of a disease, they argue, the practice instead endangers girls. Those who fail are often shunned and turn to prostitution, while those who pass may be exposed as potential targets for rape (due to a myth that says intercourse with a virgin cures HIV/AIDS). Despite a ban on the practice in 2005, the testing festivals continue, and are described by supporters as an important part of the preservation of Zulu culture. This thesis examines the ways in which human rights may be re-negotiated for young girls in Zulu communities while maintaining a respect for local culture. It moves beyond the traditional debate between relativism and universalism in order to propose solutions to rights violations in culturally diverse contexts by exploring ideas of inclusive human rights and capabilities theories.

<p>In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims.</p> <p>A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing.</p> <p>The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate.</p> <p>South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children.</p>

<p>In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims.</p> <p>A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing.</p> <p>The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate.</p> <p>South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children.</p>

Magister Legum - LLM / In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims. A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing. The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate. South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children. / South Africa

Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2019 / In South Africa, the concept of virginity testing has been under the spotlight because of the Children’s Act 38 of 2005 partially legalising it. Section 12 thereof, provides for the testing to be performed on both male and female children over the age of sixteen with their informed consent. It has also been revived as a Zulu custom which gained momentum in response to the HIV/AIDS pandemic. This custom is, however, in contrast to the approach highlighted in the Act, since it targets only the girl child and mostly without her informed consent. Although a girl’s virginity is said to bring honour to her family, it also comes with inherent risks, since, in African societies, the myth that sex with a virgin, or a girl-child can cure AIDS, is prevalent. This dissertation examines, from a human rights perspective, the concept of virginity testing and related procedures/ provisions, the role and function of the virginity testers, as well as expectations/experience of the participants (the girls tested). The study asserts that the practice of virginity testing is a violation of human rights, strips the girl of her dignity, represents an invasion of bodily privacy and leads to degradation and humiliation. Virginity testing, according to this study, leads to limitation of rights and unfairly discriminates against the girls tested and cannot be justified in terms of the limitation clause, as provided by section 36 of the Constitution of the Republic of South Africa, 1996. As part of the comparative study, the analysis of the position in Senegal, regarding the successful abolishment of a similar discriminatory cultural practice, provides lessons on how both the South African government and NGO’s can work towards law reform in order to address the problem of virginity testing.