Health rights of women assessment instrument (herwai) training 8-10 november 2010 east london, south africa




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HEALTH RIGHTS

OF

WOMEN ASSESSMENT INSTRUMENT

(HERWAI) TRAINING
8-10 NOVEMBER 2010

EAST LONDON, SOUTH AFRICA


DAY 1:



  1. WELCOME AND INTRODUCTION

Buyiswa Mhambi of Masimanyane Women’s Support Centre opened the meeting and welcomed Loeky Droesen from Aim for Human Rights and Sylvia Shekede and Lynn Areda from Amanitare Sexual Rights Network.


Sylvia Shekede gave a brief introduction into Amanitare and the coalition meeting held last week in johannesburg. A brief presentation was also given on the European Commission / Oxfam Novib Amanitare project as not all the participants of this training were part of the coalition meeting.



  1. INTRODUCTION TO THE WORKSHOP

Loeky Droesen gave a brief introduction to her background, that of her organisation and the herwai training.


Loeky also took the attendees through the programme and explained the topics to be discussed during day 1.

PERSONAL EXPERIENCE of those attending the training


  • NTHUTHU FUZILE

  • CULTURAL DIVERSITY AND TOLERANCE

  • SARINA MUDZWARI

  • EMPOWERED

  • CHANGE

  • SELF-CONFIDENCE

  • ANNETTA DODDS

  • GOOD COMMUNICATOR

  • SELF-CONFIDENCE

  • VUYOKAZI GONYELA

  • THE BEST COOK

  • I LAUGH A LOT WHEN IN THE MOOD

  • TEAM WORKER

  • THABISA BOBO

  • FACILITATION OF LIFE SKILLS WITH YOUTH

  • NOMBULELO BOMELA

NOT HANDED IN

  • GUGULETHU ZULU

  • FUNDRAISING

  • WRITING WINNING PROPOSALS

  • NETWORKING

  • YULINDA SHARROCK

  • I AM A SURVIVOR OF AN ABUSIVE MARRIAGE WHICH HELPS ME UNDERSTAND PERSONALLY ABOUT VAW

  • BUYISWA MHAMBI

  • CAPACITY BUILDING

  • SESONA NGXABAZI

  • SOCIALISING (NETWORKING)

  • SINGING

  • SYLVIA SHEKEDE

  • ACTION ORIENTATED

  • RESEARCH

  • SOCIAL MOBILISATION

  • ADVOCACY, BMET

  • LYNN AREDA

  • LEIGH-ANN VAN DER MERWE

  • I ADVOCATE FOR FREEDOM OF GENDER EXPERIENCE. RAISING AWARENESS OF GENDER ISSUES BY USING MEDIA AS A TOOL

  • LAILA ABBAS

  • ORGANISATIONAL SKILLS

  • COUNSELLING

  • LIKE MEETING PEOPLE

  • TRISH DZINGIRAYI

  • NETWORKING

  • HUMAN RIGHTS ACTIVIST

  • DOREEN GAURA

  • WRITER

  • LGBTI ACTIVISM

  • UDUAK BASSEY-DUKE

  • I LOVE TO SING (BADLY THOUGH)

  • ALOS LOVE TO TRAVEL, FOOD, DANCING AND READING

  • I SPEAK VERY BAD FRENCH

  • CYNTHIA CHISHIMBA

  • WORKING WITH RURAL WOMEN

  • WORKING AT SOUTH AFRICA AND INTERNATIONAL LEVEL

  • PUBLIC SPEAKING

  • SARAH OSMAN

NOT HANDED IN


SKILLS of those attending the training


  • NTHUTHU FUZILE

  • PROGRAM FUNDING AND DEVELOPMENT

  • CURRICULUM DEVELOPER AND TRAINER

  • SARINA MUDZWARI

  • GOOD PRESENTER

  • GOOD COMMUNICATION

  • ANNETTA DODDS

  • TRAIN “TRAINERS”

  • VUYOKAZI GONYELA

  • PUBLIC EDUCATION

  • COUNSELLING

  • VERY GOOD IN SINGING BUT SHY

  • GOOD MANAGER TO MY TEAM (AND THEY SAY SO THEMSELVES)

  • THABISA BOBO

  • FORMING LINKS – NETWORKING

  • COOKING AND BAKING

  • NOMBULELO BOMELA

NOT HANDED IN

  • GUGULETHU ZULU

  • NETBALL PLAYER

  • WRITER (UNPUBLISHED)

  • MOTHER OF THREE TEENS

  • SOCIALITE

  • YULINDA SHARROCK

  • LEGAL BACKGROUND (understanding of Policies and Law, etc.)

  • BUYISWA MHAMBI

  • WORKING WITH WOMEN ON THE GROUND

  • SESONA NGXABAZI

  • PUBLIC SPEAKING

  • ANALYTICAL SKILLS

  • SYLVIA SHEKEDE

  • REPORT WRITING

  • COMPUTER SKILLS

  • COMMUNICATION

  • LYNN AREDA

  • PROOF-READING

  • COPY EDITING

  • ADMINISTRATION / CO-ORDINATION

  • TEAM WORK

  • COMMUNICATION

  • LEIGH-ANN VAN DER MERWE

  • I AM A TRAINED JOURNALIST, SO I WRITE A LOT ON GENDER ISSUES AND HAVE BEEN WORKING AND DEVELOPING HEALTH POSITION PAPER

  • ORGANISING & CO-ORDINATING WORKSHOPS

  • NETBALL COACH

  • LAILA ABBAS

  • OVERALL BUSINESS MANAGEMENT

  • NEGOTIATION SKILLS

  • PUBLIC RELATIONS

  • TRISH DZINGIRAYI

  • DOREEN GAURA

  • KNOWLEDGE CREATION I.E. WRITING

  • UDUAK BASSEY-DUKE

  • RESEARCH AND ANALYSIS

  • GOOD WRITING SKILLS

  • CYNTHIA CHISHIMBA

  • PROJECT DESIGN

  • PROJECT MANAGEMENT

  • FUNDRAISING

  • SCIENCE COMMUNICATION

  • GENDER MAINSTREAMING IN WATER

  • BUDGET TRACKING AND ANALYSIS

  • POLICY ANALYSIS

  • SARAH OSMAN

  • WRITING

  • DESIGNING COMMUNICATION TOOLS

  • ORGANISATIONAL DEVELOPMENT

  • STRATEGIC THINKING / PLANNING

  • PROJECT PLANNING & MANAGEMENT

  • RESEARCH

  • JOURNALISM


PROFESSIONAL EXPERIENCE of the attendees


  • NTHUTHU FUZILE

  • HONOURS IN WOMEN AND GENDER STUDIES

  • SARINA MUDZWARI

  • I AM A FACILITATOR

  • ANNETTA DODDS

  • I AM A COMMUNITY ACTIVIST MONITOR AND LEARNING TO BE A FACILITATOR

  • VUYOKAZI GONYELA



  • THABISA BOBO



  • NOMBULELO BOMELA

  • GUGULETHU ZULU

  • FACILITATION

  • EDUCATION SYSTEMS

  • COORDINATION

  • YULINDA SHARROCK

  • WORKED FOR TRC WHICH GAVE ME A GREATER UNDERSTANDING OF HUMAN RIGHTS ABUSE

  • BUYISWA MHAMBI

  • SOCIAL WORKER

  • SESONA NGXABAZI

  • PUBLIC SPEAKING / PUBLIC RELATIONS

  • COMMUNITY ACTIVIST

  • SYLVIA SHEKEDE



  • LYNN AREDA

  • UNDERGRADUATE DEGREE IN SOCIOLOGY & LAW

  • MANY YEARS WORKING EXPERIENCE IN VARIOUS SECTORS IN DEVELOPMENT, CORPORATE EDUCATION, TRAUMA AND HEALING

  • LEIGH-ANN VAN DER MERWE

  • WORK A LOT WITH TRANSGENDER AND LESBIAN WOMEN, PARTICULARLY AROUND HIV ISSUES AND DO A LOT OF WORK FOR HIVE HOME-BASED CARER ORGANISATIONS. ALSO WORKING ON ESTABLISHING SUPPORT NETWORKIS FOR TRANSGENDER TEENAGERS

  • LAILA ABBAS

  • TRAINED STRATEGIST

  • PUBLIC RELATIONS

  • OVERALL BUSINESS MANAGEMENT

  • NATIONAL SPOKESPERSON

  • TRISH DZINGIRAYI

  • FACE TO FACE COUNSELLING / TELEPHONIC / ONLINE

  • INITIATE, COORDINATE AND IMPLEMENT, VARIOUS SUPPORT GROUPS

  • AWARENESS PROGRAMMES

  • TRAINING

  • DOREEN GAURA

  • MEDIA MONITORING

  • GENDER ACTIVISM

  • PUBLIC RELATIONS / COMMUNICATIONS

  • RESEARCH & ADVOCACY IN CHILD LABOUR

  • UDUAK BASSEY-DUKE

  • HEALTH (EDUCATION)

  • HIV/AIDS (EXPERIENCE)

  • LOCAL ECONOMIC DEVELOPMENT (EXPERIENCE)

  • CYNTHIA CHISHIMBA

  • COMMUNICATIONS

  • NGO MANAGEMENT

  • SARAH OSMAN

  • POLICY ANALYSIS

  • COMMUNICATIONS

  • PROPOSAL & REPORT WRITING

  • NETWORK BUILDING

  • SOCIAL DEVELOPMENT RESEARCH

  • MASTER IN SCIENCE COGNIVITIVE PSYCHOLOGY (EDUCATION

  • MSC INTERNATIONAL DEVELOPMENT STUDIES


ORGANISATIONAL FOCUS of the attendees



  • NTHUTHU FUZILE

  • ADDRESS VAW THROUGH COMMUNITY MOBILISATION STRATEGIES

  • LINKING SEXUAL AND REPRODUCTIVE HEALTH WITH HUMAN RIGHTS AND HIV/AIDS

  • LINKING VAW TO HIV/AIDS

  • SARINA MUDZWARI

  • EMPOWERING COMMUNITIES ON THEIR RIGHTS ON FOUR THEMATIC TOPICS I.E. DOMESTIC VIOLENCE, SEXUAL ABUSE, CHILD ABUSE, HIVE DESTIGMATISATION, AS WELL AS FEMALE CONDOM PROMOTION

  • ANNETTA DODDS

  • PROVIDE AND TEACH COMMUNITY ACTIVIST TO SHARE INFORMATION ON HIV/AIDS, CULTURE AND GENDER BASED VIOLENCE

  • VUYOKAZI GONYELA

  • PROVIDING HIV/AIDS AND RELATED INFORMATION TO COMMUNITIES AND ENSURES THAT THEY ACCESS SHORT TERM AND LIFE-LONG TREATMENT WITHOUT BEING STIGMATISED AND DISCRIMINATED OF THEIR DISEASE.

  • ADVOCACY PROGRAMMES AROUND GENDER BASED VIOLENCE AND HUMAN RIGHTS

  • THABISA BOBO

  • SRHR

  • VAW AND GBV

  • HIV/AIDS

  • NOMBULELO BOMELA

  • RESEARCH

  • POLICY

  • COMMUNITY DEVELOPMENT

  • GUGULETHU ZULU

  • SERVICE DELIVERY TO YOUTH ON CLINICAL, EDUCATION, SOCIAL SERVICES, SPORTS

  • YULINDA SHARROCK

  • SRHR

  • VAW AND GIRLS

  • GBV

  • HIV/AIDS

  • ADVOCACY

  • RAPE CRISIS CENTRE

  • BUYISWA MHAMBI

  • SRHR

  • VAW AND GBV

  • HIV/AIDS

  • SESONA NGXABAZI

  • PEER EDUCATION (HIV/AIDS) – AWARENESS

  • COUNSELLING

  • COMMUNITY OUTREACH PROGRAMMES

  • SYLVIA SHEKEDE

  • SRHR

  • ADVOCACY

  • CAPACITY BUILDING

  • RESEARCH

  • COORDINATION

  • LYNN AREDA

  • RAISE PROFILE OF SRHR IN AFRICA

  • BUILD PARTNERSHIP AROUND SRHR THROUGH ADVOCACY AND BUILIDNG FEMINIST LEADERSHIP

  • LEIGH-ANN VAN DER MERWE

  • CURRENTLY IN THE PROCESS OF ESTABLISHING THE EASTERN CAPE GENDER ADVOCACY NETWORK THAT WILL ADVOCATE AND LOBBY GAY, LESBIAN, BISEXUAL, TRANSGENDER AND INTERSEX ISSUES.

  • LAILA ABBAS

  • ALLOW WOMEN TO HAVE CHILDREN BY CHOICE AND NOT CHANCE

  • TRISH DZINGIRAYI

  • FOCUS ON THE WELL-BEING OF THE LGBTI

  • SEXUAL HEALTH

  • MENTAL HELATH

  • RESEARCH

  • ADVOCACY

  • TRAINING SERVICE PROVIDERS (SENSITIZATION TRAINING)

  • DOREEN GAURA

  • HAS ITS FOCUS IN CHILDREN’S RIGHTS, SPECIFICALLY COUNTER TRAFFICKING, COUNTER CHILD LABOUR & YOUTH DEVELOPMENT

  • UDUAK BASSEY-DUKE

  • SUPPORTING WOMEN AND FAMILIES INFECTED WITH OR AFFECTED BY HIV/AIDS THROUGH ADVOCACY, ACCESS TO ART, SOCIAL SUPPORT SKILLS TRAINING AND EDUCATION

  • CYNTHIA CHISHIMBA

  • AS A COALITION, OUR FOCUS IS IN ADVOCACY & POLICY INTERVENTION AND CAPACITY DEVELOPMENT IN THE FOLLWING AREAS: HEALTH, HUMAN RIGHTS, EDUCATION, WATER, ENVIRONMENT

  • SARAH OSMAN





REPORT ON COALITION MEETING HELD IN JOHANNESBURG ON 3RD & 4TH NOVEMBER 2010:

PRESENTED BY NOMBULELO BOMELA
- COALITION MEETING OF PEOPLE FROM 10 ORGANISATIONS.

- PROGRAMME MANAGER GAVE A BACKGROUND ON AMANITARE AND PRESENTATION ON SITUATIONAL ANALYSIS DONE IN SOUTH AFRICAN IN MAY 2010.

- THE PURPOSE WAS TO IDENTIFY THE PROBLEM IN SRHR THAT NEEDS TO BE ADDRESSED.

- PROBLEM TREE ANALYSIS

- THE METHODOLOGY OF THE PROBLEM TREE ANALYSIS WAS USED. TWO GROUPS WERE SELECTED AND THE PROBLEM THAT WAS IDENTIFIED BY BOTH GROUPS WAS “AN INADEQUATE IMPLEMENATION OF SEXUAL & HEALTH RIGHTS POLICIES IN SOUTH AFRICA”. POLICIES ARE IN PLACE BUT IMPLEMENTATION NOT HAPPENING.
ROOTS:


  • ILLITERACY – PEOPLE ARE NOT INFORMED ABOUT IS SRHR AND THE POLICIES THAT ARE IN PLACE

  • AILING HEALTH SYSTEMS

  • HIDING CULTURE AND RELIGION – MALE CIRCUMCISION IS OVERLOOKING THE CHALLENGES OF WOMEN. WOMEN ARE UNABLE TO NEGOTIATE CONDOM USE AND SAFE SEX.

  • LACK OF INFORMATION

  • LACK OF CAPACITY IN THE DEPT. OF HEALTH – POOR SERVICE DELIVERY

  • GENDER INEQUALITY

  • LACK OF POLITICAL WILL

  • FRAGMENTED CSO ADVOCACY


IMPACT:


  • INCREASED NENONATAL MORTALITY

  • INCREASED BACKSTREET ABORTION

  • INCREASED WELFARE DEPENDENCY

  • INCREASED MATERNAL MORTALITY

  • ABANDONED BABIES

  • TEENAGE PREGNANCY

  • DEATH OF WOMEN

  • COMPROMISED OBSTETRIC EMERGENCY CARE



WHAT SPECIFIC CHANGES DO YOU WISH TO BRING ABOUT?


  • AT THE SOCIETAL LEVEL AND/OR IN RELATION TO POLICY, PRACTICE AND/OR BEHAVIOR




  • ELIMINATION OF UNSAFE ABORTION




  • ELIMINATION OF VIOLATION AGAINST WOMEN – LINK BETWEEN VAW AND HIV+ WOMEN




  • REDUCTION IN TEEN PREGNANCY




  • RECOGNITION OF THE SRHR NEEDS OF HIV+ WOMEN




  • INCREASED FAMILY PLANNING CHOICES IN THE PUBLIC SECTOR, INCLUDING LONG ACTING METHODS




  • EDUCATE YOUNG PEOPLE ON SRHR ISSUES IN A WAY THAT THEY CAN UNDERSTAND AND ACCESS SRHR SERVICES




  • INCREASE AWARENESS AT THE COMMUNITY LEVEL REGARDING THE EXISTENCE OF POLICIES AND THEIR RIGHTS IN RELATION TO THOSE POLICIES

WHAT ARE THE KEY MESSAGES FOR THE CAMPAIGN TO TAKE FORWARD? THIS QUESTION WAS NOT DEALT WITH AT THIS MEETING AS IT WAS FELT THAT THE PROJECT NEEDED TO BE MORE DEFINED BEFORE ONE COULD COME UP WITH CAMPAIGN SLOGANS, ETC. NEEDED MORE INVOLVEMENT FROM MORE ORGANISATIONS AND PARTNERS.


WHAT ARE THE KEY STRATEGIES NEEDED TO ADDRESS THE PROBLEM?


  • IDENTIFY THE SRHR POLICIES – WHAT ARE THEY? AND REVISIT THE SRHR POLICIES – ASSESS THE LEVEL OF IMPLMEENTATION, WHAT HAS WORKED, WHAT HASN’T WORKED

  • RESEARCH ON THE IMPACT OF POOR IMPLEMENTATION OF SRHR POLICIES OR DOCUMENATION OF WOMEN’S EXPERIENCES AS A RESULT OF THE POOR IMPLEMENTATION (E.G. PREVALENCE / REASONS FOR UNSAFE ABORTION). NOT ENOUGH DATA / STATISTICS IN SA FOR ORGANISATIONS TO COME UP WITH LONG TERM PLANS. THIS IS SOMETHING THAT THE COALITION WANTS TO STRENGTHEN.

  • RESEARCH ON THE CURRENT EXISTENCE OR POTENTIAL BENEFIT OF PUBLIC – PRIVATE PARTNERSHIPS (PERHAPS USE THE MGDS AS LEVERAGE FOR CREATING PUBLIC – PRIVATE PARTNERSHIPS)

  • WORK TOGETHER WITH GOVERNMENT, ESPECIALL IN RURAL AREAS, TO ADDRESS SERVICE DELIVERY

  • DEVELOPMENT OF CULTURAL SENSITIVE METHODS / MATERIALS FOR EDUCATION ON SRHR AND EDUCATION OF COMMUNITIES REGARDING THE EXISTENCE OF POLICIES AND THEIR RIGHTS IN RELATION TO THE POLICIES

  • CELL PHONE BASED CAMPAIGN / PROGRAM FOR REACHING / EDUCATING YOUTH

  • ADDRESSING TRAINING NEEDS AND STIGMA WITH HELATH CARE WORKERS

WHAT ARE THE KEY PARTNERSHIPS THAT ARE NEEDED TO ADDRESS THE PROBLEM?




  • CONSORTIA MEMBERS

  • GOVERNMENT

  • ACADEMIA (WOMEN’S HEALTH RESEARCH UNIT AT UCT, REPRODUCTIVE HEALTH RESEARCH UNIT AT WITS)

  • MARIE STOPES SOUTH AFRICA CAN WORK WITH GOVERNMENT ON TERMINATION OF PREGNANCY AND LONG ACTING CONTRACEPTIVE METHODS

  • HIV-FOCUSED ORGANISATIONS

  • NGO’S TO INVITE:

  • THE SISTERHOOD NETWORK

  • MOTHERS-TO-MOTHERS

  • KHE’THIMPILO

NOTE: THE WORKPLAN WAS NOT FINALISED, THEREFORE, BUYISWA, NOMBULELO AND TANYA WOULD MEET AND FINALISE THIS AND ALSO THE TERMS OF REFERENCE.


4. INTRODUCTION TO POLICY AND THE POLICY CYCLE
WHAT IS THE DEFINITION OF A POLICY?

TEAM 1:


A RESARCHED, INFORMED AND UNANIMOUS GUIDELINE OF ACTIONS AGRE3ED UPON BY DECISION-MAKERS THAT IS AMENDED OVER TIME.
OR
TEAM 2:

AGREED GUIDELINE TO SOLVE ISSUES THAT HAS BEEN RESEARCHED AND IDENTIFIED AND TABLED BY RELEVANT STAKEHOLDERS.



STAKEHOLDERS AND THE ROLES OF CIVIL SOCIETY





STAKEHOLDER

ROLE

1. AGENDA SETTING

CSO

TRADITIONAL LEADERS

RESEARCH INSTITUTES

ACADEMIA


COMMUNITY

GOVERNMENT



CIVIL SOCIETY

IDENTIFYING

MAKING NOISE

AFFILIATE GROUPS

MOB ILISATION

IDENTIFY ISSUES



2. FORMULATION

LAW SOCIETY

GOVERNMENT

TASK TEAM


RECOMMENDATION

TEXT PROPOSAL

LOBBY

MOBILISATION



3. DECISION

GOVERNMENT

  • NATIONAL

  • PROVINCIAL

  • DISTRICTS

  • MUNICIPAL

MOBILISATION

INFORMAL PRESSURE



4. IMPLEMENTATION

SERVICE DELIVERY:

-GOVERNMENT

-NGO

-PRIVATE



MONITORING

SERVICE DELIVERY

ENJOYING FULL BENEFITS OF THE POLICY


5. EVALUATION

CSO

GOVENRMENT

BENEFICIARIES

CHAPTER 9 INSTITUTIONS



RESEARCH

EVIDENCE

MONITORING

MOBILISING

HIGHLIGHT INEFFICIENCIES / DOCUMENT GAPS




DAY 2:
5. HUMAN RIGHTS


  • WHAT ARE HUMAN RIGHTS FOR YOU?

ATTACHED TO ALL HUMAN BEINGS:




  • YOU ARE ENTITLED

  • UNIVERSAL

  • NO RACE / CLASS DISTINCTION

  • FREEDOM OF EXPRESSION




    • HISTORY OF HUMAN RIGHTS




    • UNIVERSAL DECLARATION ON HUMAN RIGHTS (1948)

    • INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, ICESR (1966, ENTRY INTO FORCE 1976)

    • CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, CEDAW (1979, ENTRY INTO FORCE 1981)

NOTE: DECLARATION NOT BINDING IN LEGAL COURT. TREATY IS BINDING IN LEGAL COURT.




  • REGIONAL HUMAN RIGHTS INSTRUMENT:


INTER-AMERICAN SYSTEM:

  • AMERICAN CONVENTION ON HUMAN RIGHTS

  • PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

  • INTER-AMERICAN CONVENTION ON THE PREVALENCE OF PUNISHMENTS AND ERADICATION OF VAW


EUROPEAN SYSTEM

  • EUROPEAN TREATY ON HUMAN RIGHTS

  • EUROPEAN SOCIAL CHARTER


ASIA

  • NO COMPARABLE HUMAN RIGHTS SYSTEMS




    • CONSENSUS DOCUMENT




  • INTERNATIONAL CONFERENCE ON POPULATION AND DEVELOPMENT (1994, CAIRO)

  • BEIJING PLATFORM OF ACTION (1995)

  • MILLINEUM DEVELOPMENT GOALS (2000-2015)

  • UNGASS ON HIV/AIDS

  • DECLARATION ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN

NOTE: THESE ARE NOT LEGALLY BINDING BUT POWERFUL AS GOVERNMENTS MADE COMMITMENTS TO ABIDE BY THESE RULES.


  • EXAMPLES OF HUMAN RIGHTS:

  • RIGHT TO LIFE (ABOUT DEATH PENALTY NOT ABORTION)

  • FREEDOM OF EXPRESSION

  • FREEDOM OF SLAVERY

  • BODILY INTEGRITY

  • RIGHT TO HEALTH

  • RIGHT TO EDUCATION

  • RIGHT TO CONSCIENCE

  • RIGHT TO ASSEMBLY

  • RIGHT TO PRIVACY

  • RIGHT TO RELIGION

NOTE: PROTOCOL IS ADDITIONS TO TREATIES WHICH IS LEGALLY BINDING. BUT A COUNTRY SIGNING A TREATY DOES NOT HAVE TO SIGN THE PROTOCOL.




  • FEATURES OF HUMAN RIGHTS:




  • FUNDAMENTAL: INDIVIDUALS NEED THEM TO SURVIVE

  • INHERENT: NOT GIVEN, EVERY PERSON HAS THEM AND IS ENTITLED TO THEM BY VIRTUE OF BEING A HUMAN BEING

  • INALIENABLE: CANNOT BE TAKEN AWAY

  • UNIVERSAL: AVAILABLE TO ALL WITHOUT DISTINCTION

  • INDIVISIBLE: NOT SEPARABLE, THEY ARE ALL CONNECTED




    • WHAT DOES A STATE HAVE TO DO?

  • STATES ARE BOUND TO TREATIES OR CONVENTIONS UPON RATIFICATIONS OR ACCESSION

  • STATE OBLIGATIONS

  • IMPLEMENT THE HUMAN RIGHTS STANDARDS IN THEIR CONSTITUTION, LAWS AND POLICIES.

NOTE: ARE HUMAN RIGHTS TREATIES DIRECTLY APPLICABLE TO SOUTH AFRICAN LEGAL COURT SYSTEM?




  • NATURE OF THE STATE OBLIGATION

  • RESPECT – THE GOVERNMENT SHALL NOT INTERFERE OR LIMIT RIGHTS

  • PROTECT – RESTRAIN OTHERS FROM INTERFERING WITH RIGHTS E.G. PROHIBIT COMPLIANCE FROM PROVIDING SUB-STANDARD SERVICE

  • FULFIL – TAKE STEPS TO ENSURE THAT ITS PEOPLE ENJOY THEIR RIGHTS E.G. ENSURE THERE ARE HOSPITALS AND OTHER INSTITUTIONS




    • ENFORCEMENT MECHANISMS:

  • PERIODIC STATE REPORTS TO COMMITTEES UNDER THE RESPECTIVE TREATY

  • SHADOW REPORTS; CIVIL SOCIETY

  • COMMITTEE MAKE RECOMMENDATIONS TO THE GOVERNMENT TO IMPROVE IMPLEMENTATION

  • INDIVIDUAL REPORTING MECHANISMS / COMPLAINT PROCESS

  • REGIONAL SYSTEMS HAVE COURTS




    • WHY A HUMAN RESOURCES APPROACH?

AFRICAN SYSTEM:

  • AFRICAN CHARTER FOR HUMAN AND PEOPLE’S RIGHTS

  • PROTOCOL ON WOMEN’S RIGHTS

  • AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD




    • WHAT IS THE MANDATE OF THE COMMISSION?

NOTE: COMMISSIONER ANGELA MELO – SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN IN AFRICA.




  • SADC PROTOCOL ON GENDER AND DEVELOPMENT

NOTE: WHAT DOES THE “AFRICAN DECADE” ACTUALLY MEAN FOR THE AFRICAN WOMEN ON THE STREET?


PREPARATION OF YOUR ANALYSIS


  1. MAPPING OUR POLITICAL OPPORTUNITIES

Objective of this agenda item is to look at what our political opportunities are in relation to our issue.

To perform a stakeholders analysis of relevant stakeholders for the analysis.
The trainees were asked to develop a map on who influences the selected issue – and/or policy. Each group had to map out different parts of the analysis and indicate how much influence is based on each issue:


  1. stakeholder analysis

  2. political context

  3. organisation context

THE ISSUE:



INADEQUATE IMPLEMENTATION OF SEXUAL HEALTH AND REPRODUCTIVE RIGHTS POLICIES IN SOUTH AFRICA.
WHICH STAKEHOLDERS INFLUENCE THE ISSUE? ALLIES, ANTAGONIST, NEUTRALIST


  • THE MINISTRY OF HEALTH

  • THE MINISTRY OF WOMEN, YOUTH AND DISABILITY

  • CIVIL SOCIETY ORGANISATIONS

  • RELEVANT NGO’S

  • BENEFICIARIES OF POLICY

  • RELEVANT ADVOCACY GROUPS

  • ACADEMIA & RESEARCH INSTITUTIONS

  • PARALEGAL

  • PROVINCIAL MEC’S

  • RELEVANT PORTFOLIO COMMITTEES

  • SERVICE PROVIDERS

  • MINISTER OF JUSTICE ???

  • MEDIA




INFLUENCE

INTEREST

HIGH

  • MINISTER OF HEALTH

  • MINISTER OF WOMEN

  • PORTFOLIO COMMITTEES FOR HEALTH

  • ACADEMIA & RESEARCH INSTITUTES

  • PARALEGALS

  • PROVINCIAL MEC’S

  • SERVICE PROVIDERS

  • BENEFICIARIES

  • RELEVANT NGO’S

  • CIVIL SOCIETY




  • BENEFICIARIES

  • MINISTER OF HEALTH

  • CIVIL SOCIETY ORGANISATION

  • RELEVANT NGO’S

  • ADVOCACY GROUPS

  • ACADEMIA & RESEARCH INSTITUTES

LOW




  • PARALEGALS

  • PROVINCIAL MEC’S

  • SERVICE PROVIDERS










  1. POLITICAL AND SOCIAL CONTEXT


WHICH OPPORTUNITIES AND THREATS DO YOU SEE IN RELATION TO THE ISSUE?


STRENGTHS

WEAKNESSES

  • LEGALISATION OF ABORTION

  • ONE OF THE HIGHEST REP OF WOMEN IN PARLIAMENT

  • SIGNATORY TO MANY SRHR INTERNATIONAL TREATIES

  • OUTLAW OF GIRL CHILD MARRIAGES

  • VIRGINITY TESTING CAMPAIGN LED BY MINISTE ROF HELATH

  • RESEARCH OF GOVENRMENT ON IMPACT INTERACTION / EFFECT

  • SEXUAL OFFENCES ACT

  • PROMOTION OF BREAST FEEDING DUE TO RESEARCH

  • MICROBICIDE GEL (TENOFOVIV) RESEARCH CAPACITY

  • STRONG MINISTE ROF HELAHT WITH A PROVEN TRACK RECORD OF PROMOTING WOMEN’S ISSUES

  • STRONG CIVIL SOCIETY INFLUENCE

  • CULTURE (ZUMA): PROMOTION

  • WOMEN’S MINISTRY: CHILDREN AND DISABLED PEOPLE

  • RECALLED PROVISION OF FORMULA MIL: BINDS WOMEN TO MOTHERHOOD

  • FORCED MARRIAGES (EC) – NOT MUCH PROMOTION OF SRH

  • LESS VIGILANCE BY WOMENS MOVEMENTS

  • FRAGMENTATION

  • LACK OF IMPLEMENTATION OF NATIONAL AND REGIONAL COMMITMENT

  • LIMITED ACEES TO SCANNING FOR CERVICAL CANCER

  • NATIONAL STRATEGIC PLAN ON HIV/AIDS DOESN’T HAVE A SRHR PERSPECTIVE

  • LACK OF RESOURCES AND CAPACITY UNDERMINES THE NATIONAL PLAN TO END GENDER BASED VIOLENCE (IMPLEMENTATION)

  • LACK OF PROMOTION AND DISTRIBUTION OF FEMALE CONDOS

  • DECLINE IN SERVICE PROVISION QUALITY (HUMAN RESOURCE & CAPACITY)






  1. ORGANISATIONAL CONTEXT


WHICH STRENGTHS AND WEAKNESSES DO WE HAVE AS COALITION CONTEXT IN RELATION TO THE ISSUE?



STRENGTHS

WEAKNESSES

  • EXPERIENCE

  • SKILLS

  • CAPACITY

  • DIVERSITY

  • INFORMATION SHARING

  • NETWORKING

  • TECHNICAL SUPPORT

  • GEOGRAPHICAL SPREAD (POTENTIAL TO REACH OUT)

  • SHARED AGENDA

  • FUNDING / RESOURCES

  • TIME CONSTRAINTS – DELAY IN ACTION

  • INCONSISTENCY WITH REGARDS TO REPRESENTATION

  • LACK OF INFORMATION SHARING WITHIN THE INDIVIDUAL ORGANISATIONS

RECOMMENDATIONS:

1. AMANITARE TO DEVELOP AN IMPLEMENTATION FRAMEWORK





  1. SELECTING THE POLICY IN RELATION TO OUR TOPIC


SELECTING THE POLICY IN RELATION TO OUR ISSUE FOR THE ANALYSIS – COMPARISON OF DIFFERENT POLICIES MAKING USE OF THE QUICK SCAN



QUESTION 1: WHICH PROBLEM WOULD YOU LIKE TO ADDRESS?
INADEQUATE IMPLEMENTATION OF SEXUAL HEALTH AND REPRODUCTIVE RIGHTS POLICIES IN SOUTH AFRICA.


QUESTION 2: WHAT SPECIFIC CHANGE DO YOU WANT TO ACHIEVE REGARDING THE PROBLEM AND WHY? (DESCRIBE IN A FEW WORDS)
ACCESSIBILITY OF INFORMATION TO ACCESS OF SRHR SERVICES AND IMPROVEMENT OF ACCESSAILITY AND QUALITY OF SERVICES.


QUESTION 3: LIST THE POLICIES THAT RELATE TO THE PROBLEM. PRIORITISE AND CHOOSE ONE THAT YOU THINK HAS THE MOST INFLUENCE ON YOUR PROBLEM? THIS POLICY WILL BE THE FOCUS OF THE ANALYSIS.
POLICY ON THE QUALITY OF HEALTH CARE SERVICES.


QUESTION 4A: DOES THIS POLICY HAVE A POTENTIAL FOR CHANGE?
OR
QUESTION 4B: IF THIS POLICY HAS VERY LIMITED OR NO POTENTIAL FOR CHANGE, IS THERE A RELATED POLICY WITH MORE POTENTIAL FOR CHANGE LISTED UNDER 3? THIS WILL BE THE FOCUS OF YOUR ANALYSIS.


QUESTION 5: IS A HERWAI ANALYSIS RELEVANT FOR THIS POLICY?

  • DOES THE POLICY HAVE A POSSIBLE IMPACT ON HEALTH RIGHTS?

  • IS IT POSSIBLE THAT THE POLICY HAS A DIFFERENT IMPACT ON WOMEN THAN ON MEN?

  • IS IT POSSIBLE THAT THE POLICY HAS A DIFFERENT IMPACT ON DIFFERENT GROUPS OF WOMEN?



QUESTION 6: IS A HERWAI ANALYSIS THE BEST STRATEGY FOR IMPROVEMENT TO THE POLICY NAD ADDRESSING THE PROBLEM?



QUESTION 7: DOES YOUR ORGANISAITON HAVE TIME AND CAPACITY TO CONDUCT A HERWAI ANALYSIS AND IS IT CLOSELY LINKED TO THE WORK YOU ARE ALREADY DOING?



QUESTION 8: WILL YOUR ORGANISATION BE ABLE TO ACCESS MORE DETAILED INFORMATION TO ANALYSE THE POLICY?



QUESTION 9: CAN YOU ORGANISATION LIAISE WITH OTHER ORGANISATIONS TO STRENGTHEN YOUR ANALYSIS AND LOBBYING ACTIVITIES?



QUESTION 10: PLEASE FORMULATE CLEARLY THE SPECIFIC PART OF THE POLICY ON WHICH THE HERWAI ANALYSIS WILL BE FOCUSED.





QUESTION 11: IN WHICH STAGE IS THE POLICY?




AGENDA SETTING OR FORMULATION

POLICY FORMULATION

POLICY IMPLEMENTATION

POLICY EVALUATION




OPTION A.1:

HERWAI CAN SERVE TO BRING ATTENTION TO PROBLEMS RELATED TO THE EXISTING SITUATION AND DEMONSTRATE THE NEED FOR A (BETTER) POLICY.



OPTION A.2:

HERWAI CAN SERVE TO ANALYSE THE EXPECTED IMPACT OF THE POLICY IN DEVELOPMENT AND MAKE RECOMMENDATIONS TO ACHIEVE A BETTER IMPACT.



OPTION A.3:

HERWAI CAN SERVE TO ANALYSE THE ACTUAL IMPACT OF THE POLICY AND MAKE RECOMMENDATIONS TO ACHIEVE A BETTER IMPACT.



STEP 1: IDENTIFYING THE POLICY
WHICH PROBLEM AND RELATED POLICY WILL BE ANALYSED? (LYNN & LEE-ANNE)


    1. Describe the problem in maximum 1 page?

Inadequate implementation of sexual and reproductive health rights in South Africa


Why the need to address this issue:

  • Decline in quality of services dealing with SRHR for women and young girls

  • Services not accessible enough

  • Information about services lacking

  • Maternal Mortality rates too high – no strategies to address

  • No SRHR perspective in policies

  • Inadequate resources to implement good quality/integrated services




    1. Which policy have you chosen to analyse?

Policy on Quality in Health Care for South Africa


Why choose this policy?

  • Under pressure

  • Not enough information on other more relevant policies

  • It identifies what is lacking in the quality of the health services provided

  • Policy aims to address improving the quality of health care

  • Aims for patient and community participation among others




    1. Who is the main actor implementing the policy?




  • Government (DOH), hospitals, clinics etc. - gain

  • Private sector service providers – will depend on what role they play

  • NGOs - gain

  • Health professionals – 50/50

  • Training institutes - gain

  • Research institutes - gain




    1. Which other relevant stakeholders can you identify? Which of these actors have most to gain or loose from implementing the policy?




  • Ministry of women, youth and disability – gain because image enhances

  • CSOs - gain

  • Relevant NGOs - gain

  • Beneficiaries of policy - gain

  • Relevant advocacy groups - gain

  • Academia and research institutions - gain

  • Paralegal - gain

  • Provincial MECs - depends

  • Relevant portfolio committees - depends

  • Service providers - depends

  • Media - gain




    1. What does the government aim to achieve with this policy?




  • To improve the quality of care in both the public and private sectors through

  • Addressing access issues

  • Increasing patient’s participation and dignity

  • Prevention and health promotion activities

  • Research on effectiveness

  • Ensuring appropriate use of health care services

  • Reducing health care errors




    1. Are there special programmes to implement the policy? Who is responsible for these programmes?




  • Batho pele principles




    1. What are the political and social circumstances that influence the problem and the related implementation of the policy?




  • Unequal allocation of resources in health delivery – 8% GNP to health; 60% private care, 40% public sector

  • Lack of resources

  • HCP skills and attitudes

  • Political will

  • Well being of citizens (women are dying)




    1. Which groups does the government (or other main actor) intend to reach with the policy?




  • Specific vulnerable groups and geographical areas

  • Health professionals

  • The community

  • Patients

  • Health Service Delivery System




    1. Which groups does the policy actually affect (positively or negatively)?




  • Women most negatively affected

  • Vulnerable – HIV+, transgendered women, lesbians, people with disabilities etc

  • Girl children (youth)

  • Affects all participants and users of the health care system – some are affected more negatively




    1. What are the perceptions of the affected groups regarding the problem and related policy?

  1. Health care provider indifference

  2. Users of health care system – frustration, helplessness, anger, powerlessness, depression, death, further ill health

  3. Crumbling health system

  4. Negative perceptions of health care systems generally

  5. Lack of confidence in govnt leadership



    1. Which human rights may be affected?

  1. Dignity

  2. Access to information

  3. Education

  4. Health care

  5. Bodily integrity

  6. Freedom of expression

  7. Non-discrimination

  8. Equality

  9. Privacy

  10. etc

STEP 2: EXPLORING THE GOVERNMENT’S COMMITMENTS


WHICH TREATIES AND CONSENSUS DOCUMENTS ARE RELEVANT? (DOREEN & SESONA)
2.1. Which international treaties has your country ratified? Were any reservations or limitations made?


  1. CEDAW

  2. ILO

  3. CERD

  4. CRC

  5. CRPD

2.2. Which relevant regional treaties has your country ratified?




  1. African Charter on Human and Peoples’ Rights (1981), Art. 16.

  2. Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003)

2.3. Which consensus documents does your government support?





  1. Beijing Platform for Action, paragraph 89 – 105, Strategic objective C1 – C5.

  2. United Nations Millennium Declaration, paragraph 25 (2000).

  3. Millennium Development Goals (MDGs) 1; 3; 4; 5; 6; 7;

  4. ICPD Programme of Action (or Cairo Programme of Action) 1994.

  5. Declaration of Alma Ata, adopted on the International Conference on Primary Health Care 1978.

  6. Declaration on the Elimination of Violence against Women 1993.

  7. Declaration on the Right to Development (Vienna Declaration and Programme of Action) 1993

  8. Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991).

  9. Declaration on the Rights of Disabled Persons General Assembly Resolution 3447 1975 .

  10. For Africa: Maputo Plan of Action on Sexual and Reproductive Health and Rights.

2.4. Is the government bound to other bilateral or multilateral agreements which may influence the policy? Which ones?




  1. Yes.

  2. SADC Protocol on Gender and Development.

2.5. What does the Constitution or other national laws say about the right to health.




  1. Assuring access to health care;

  2. On family planning;

  3. Assuring adequate health – related information;

  4. Providing protection against harmful traditional practices;

  5. Labour laws concerning the working conditions, domestic workers, pregnant women and maternity leave;

  6. Laws relating to the environment;

  7. Gender equality.

2.6. Does the country have a law prohibiting the discrimination of women? Or does the policy that you are analysing have specific non – discriminatory clauses that are relevant to your analysis?


Yes it does in the Constitution’s Bill of Rights.

2.7. What does the Constitution or other National laws say about other rights which are relevant to the policy?

The Constitution of SA as well as Common Law/ Statutory law both have laws that are relevant to the policy and these are laws that address the following:


  1. Sexual rights;

  2. Reproductive rights;

  3. The right to gender equality;

  4. The right to informed decision;

  5. The right to non-discrimination.

2.8. Does the country have laws that criminalize medical procedures only needed by women and/or that punish women who undergo those procedures?


No it doesn’t.

2.9. Do local, customary or religious laws influence the health rights of women in relation to your policy?


No they do not.

2.10. Does the government have a national health strategy?


Yes it does and this is the National Strategic Plan (NSP).

2.11. Has the government developed indicators and benchmarks to measure its progress in relation to your policy?


The indicators and benchmarks in SA are outsourced by government to the HST and the Medical Research Council.

2.12. Which other national policies and strategies are relevant to the policy under analysis?




  1. Non-discrimination policy;

  2. Decentralization policy;

  3. Governmental employment policy;

  4. Privatization policy;

  5. Financial policies that affect health;

  6. Reproductive Rights Alliance.

2.13. What are the official ways by which individuals, NGOs and other civil society groups can influence policy-making and legislation (mechanisms for civil society participation)? And what level of participation applies to the policy under analysis looking at the above explanation?




  1. Village/community committees – Medium to High

  2. Voting in elections and referenda (local, regional and national) - High

  3. Patients’ associations and volunteer organisations - Low

  4. Government – NGO platforms - Medium

  5. Consultation in the development and evaluation stages of policy - High

  6. Committees that monitor the implementation of services – Low - Medium

  7. Oral and written reports to international organisations - High

  8. National and international conferences - High

  9. Media - High

  10. Social Movement - High

2.14. Where can people go to make a complaint (mechanisms for redress)? Are these mechanisms being used? Do these mechanisms effectively redress problems? Are there social or political risks involved when making a complaint?


(a) We found that all the following are mechanisms in use:

I. Ombudsmen;

II. Patients’ rights associations;


  1. National human rights commissions;

  2. Complaints procedures (at hospitals, ministries, administrative courts, etc.);

  3. Sanctions on health care professionals guilty of sexual abuse of women patients;

  4. Media;

  5. Police;

  6. CSOs.

(b) All the above mentioned effectively redress problems on the most part except the media.

(c) No to all the above mechanisms as far as political and societal risk.


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