Yes, There are Rights but Sometimes They Don't Work...: Gender Equity, HIV/AIDS, and Democracy in Rural South Africa since 1994

This article draws on research conducted during 2005-07 for a project examining the connections between gender-based violence (GBV) and HIV/AIDS in one rural municipality in KwaZulu-Natal (KZN), South Africa. The responses of communities to both epidemics have been greatly affected by the post-apartheid political order and the provisions of the Bill of Rights, Chapter 2 of the Constitution of 1996. These arrangements transform the legal status of African women by guaranteeing equality with men and by removing the patriarchal constraints characteristic of the version of customary law recognized under apartheid. Although slow to bring full gender equity in family and community relations, these constitutional changes have greatly affected the thinking of both men and women and have added to already high levels of stress in relations between the sexes. Using oral evidence from focus groups, the larger project analyses the ways in which these parallel epidemics are interacting to produce higher rates of infection and premature death, particularly among the most vulnerable segments of the population. The overall objective of the project is to understand better the social dynamics involved and to suggest methods to protect young women and girls who are most at risk of infection.