This report presents the findings of this research effort. Part I sets out Malawi's obligations under international and domestic law regarding the right of women living with HIV/AIDS to be free from discrimination and also explores non-binding international documents that provide guidance to governments in confronting discrimination against PLWHA. Part I then explores the ways in which lack of sexual autonomy, economic dependency, physical and sexual abuse, harmful traditional practices, commercial sex work, sexual exploitation of girls and young women, and conceptions of male sexuality increase women's vulnerability to HIV/AIDS in Malawi. Part II documents widespread community-level stigma against women living with HIV/AIDS in the form of verbal attacks, social exclusion, and the interpretation of HIV status as an indicator of sexual immorality. Part II also explores how fear of stigma discourages women from disclosing their HIV status and how denial of HIV/AIDS-related stigma and discrimination further handicaps communities. Part II then documents the ways in which discriminatory notions regarding HIV-positive peoples' labor capacities limits the participation of WLWHA in the federal fertilizer subsidy program, public works projects, and microfinance programs. Part II ends by suggesting community-level interventions and policy reforms to confront stigma and discrimination. Finally, Part III explores possible legal interventions. Part III begins by documenting women's lack of access to justice in response to their experiences of stigma and discrimination. Part III then offers recommendations to address this lack of judicial recourse, including linking health and legal services through the establishment of referral networks in health clinics to legal aid and paralegal service providers and the integration of these services directly into the health setting, the drafting of HIV/AIDS anti-discrimination legislation coupled with awareness raising campaigns and strong enforcement mechanisms, and the encouragement of public interest litigation to raise awareness of HIV/AIDS-related issues.
Chi Mgbako, Tracy E. Higgins, and Jeanmarie Fenrich,
We Will Still Live: Confronting Stigma and Discrimination Against Women Living With HIV/AIDS in Malawi,
31 Fordham Int'l L.J. 528
Available at: https://ir.lawnet.fordham.edu/ilj/vol31/iss2/2