The human rights implications of virginity testing in South Africa
| Date | 01 December 2016 |
| Author | Ebenezer Durojaye |
| DOI | 10.1177/1358229116641242 |
| Published date | 01 December 2016 |
| Subject Matter | Articles |
Article
The human rights
implications of virginity
testing in South Africa
Ebenezer Durojaye
Abstract
This article examines the historical context of virginity testing in Southern Africa with a
focus on South Africa. It then examines the arguments often adduced in justifying the
introduction of this practice. The two major arguments to support the reintroduction of
virginity testing, namely, that it helps in reducing the spread of HIV and in preserving
societal moral values are critically examined. Thereafter, the article discusses how the
ever contentious debate between universalists and relativists applies to virginity testing.
The last part of the article then considers the human rights implications of virginity
testing.
Keywords
Virginity testing, South Africa, human rights, universalists and relativists
Introduction
In many parts of the world, particularly Africa, women have continued to experience
human rights violations based on their gender. Gender inequality remains the norms in
most part of Africa as women are relegated to subordinate roles. In many parts of Africa,
women are still poorly represented in political and economic spheres of life (Hausman
et al., 2012). In particular, cultural and religious practices have continued to limit
Dullah Omar Institute University of the Western Cape, Cape Town, South Africa
Corresponding author:
Ebenezer Durojaye, Dullah Omar Institute University of the Western Cape, Robert Sobukwe Rd,
Bellville, Cape Town 7535, South Africa.
Email: edurojaye@uwc.ac.za
International Journalof
Discrimination and theLaw
2016, Vol. 16(4) 228–246
ªThe Author(s) 2016
Reprints and permission:
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DOI: 10.1177/1358229116641242
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women’s enjoyment of their fundamental rights and freedoms. One of such practices is
virginity testing, which is prevalent in southern part of Africa. Virginity testing often
involves a gynaecological examination to determine whether or not the hymen in unmar-
ried young women is intact. It is often carried out among girls and young women
between the ages of 7 and 26 (Women’s Legal Centre, 2010). In some communities
in Southern Africa, virginity tests are often conducted either by an elderly female
community woman or a group of elderly women. This is often carried out in traditional
public ceremonies accompanied by pomp or pageantry. The recent reintroduction of
virginity testing has been justified as a means of curbing the widespread of HIV in the
Southern African region.
Recent statistics indicate that the HIV prevalence in this subregion is among the
highest in the world. Indeed, South Africa with about 6 million people living with HIV
is regarded as the country home to the largest number of people with the epidemic in the
world (UNAIDS, 2014). In addition, Swaziland with about 26%of the population living
with HIV is said to have the highest HIV prevalence in the world (UNAIDS, 2012).
Moreover, HIV-related deaths seem to be very high in the subregion when compared to
other parts of the world. Crucially, the HIV/AIDS pandemic is exacerbating maternal
mortality and impacting negatively on life expectancy in many parts of southern Africa
(Khama et al., 2006). This has necessitated the need for moral purification among the
people. Therefore, it is in this context that the reintroduction of virginity testing as a
cultural practice must be understood. However, this age-long cultural practice has raised
concerns among women’s rights activists regarding its potential threat to women’s
fundamental rights and freedoms.
Against this background, this article examines the historical context of virginity
testing in Southern Africa with a particular focus on South Africa. It then examines the
arguments often adduced in justifying the reintroduction of this practice. Essentially, two
major arguments to support the reintroduction of virginity testing are that it helps in
reducing the spread of HIV and in preserving societal moral values, particularly among
girls. Also, the article discusses how the ever contentious debate between universalists
and relativists applies to virginity testing. The last part of the article then considers the
human rights implications of virginity testing noting that it can potentially reinforce the
subordination of women.
The historical context of virginity testing in Southern Africa
Virginity testing (known in Zulu language as ukuhlolwakwezintombi) is a practice that
has been in existence since the precolonial period. It was very commonly practiced
among Zulu households during that period. Virginity testing was originally intended
to ascertain the chastity of a bride in order to assist the family of the bride to determine
the amount of bride price to be paid by a prospective suitor (George, 2008). It was
believed to have been started by two women who brought together girls and women
from urban and peri-urban areas to public sites for testing (Scorgie, 2002). The women-
Andile Gumede and Nomagugu Ngobese-initially worked independently but had a com-
mon purpose of encouraging like-minded women and girls to participate in a movement
that would promote premarital chastity among young girls in the province with a view to
Durojaye 229
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