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Women’s rights and personal choice
News:
- The American economic review in its research paper “Legal origins and female HIV” has highlighted how Africa legal system has influence HIV prevalence.
Important Facts:
- HIV a virus that is transmitted largely through unprotected sex and which damages the immune system.
- The research paper has compare the Influence of common law and civil law on African woman.
- Finding of the Joint United Nations Programme on HIV/AIDS:
- About 80% of women in the world who are infected with HIV infections are in Africa.
- Africa is the only geographical area where the number of HIV infection in more in women than men.
- The prevalence of HIV infections is not uniform across Africa.
- The report finds that HIV prevalence among African women is higher in countries that had their legal origins in the common law rather than under the civil law.
- Female HIV infection rates are 25% higher in common law countries.
- Reason for increasing HIV in common law:
- The common law does not provide property rights to African women after marriage.
- The common law has undermines the bargaining power of women within their families.
- The bargaining power in turn has increases the chances of them being forced to engage in unprotected sex with their husbands.
- The civil Laws has reduce HIV cases as it provide for:
- Women with better marital property rights.
- Offered the right to joint ownership of all property under marriage.
- Civil law offered explicit protection in the case of a divorce.
- Better bargaining power within their households.
- Provide better and increased chances of negotiating safe sex.



