ALQ, Nov 2004 Edition – Equality

Editorial...
It is within the context of celebrating 10 years of democracy that this edition of the ALQ focuses on fundamental principles of human dignity, equality and freedom in order to determine the progress in translating these fundamental human rights principles and values into our lived realities. The various articles in this issue examines the theory, meaning and understanding of equality and human dignity as to their impact on various South African realities, such as prevailing gender, race and class-based inequalities and imbalances, prejudices leading to hate crimes against black lesbians; as well as issues of HIV and AIDS reporting in the media, and the impact of women’s autonomy on gender-based violence and HIV. This issue also elaborates on the ALN campaign ‘We are all equal...aren’t we?’ and includes feedback, as well as responses from networking partners, communities and learners, exploring the extent to which we are all equal, we are all affected and we are all positive.

In this issue, David Patient and Neil Orr explore the theory and meaning, as well as the causes of stigma in the context of HIV and AIDS. Analysing core questions as to why stigma exists, how it manifests itself in beliefs and behaviours, and some of the fundamental beliefs leading to stigma and suggesting measures, as to challenge and counter these very same beliefs, the article argues that as long as the core beliefs, leading to, and justifying the occurrence of, stigma are not challenged, stigma cannot, and will not, be addressed and thus, will continue to prevail.

In this issue, Johanna Kehler explores the theory and meaning of equality and human dignity and raises the question as to the extent to which lived realities are reflective of these fundamental human rights principles and values. Acknowledging the constitutional commitment to not only mere entitlement to the equality, but the equal enjoyment of all rights and freedoms, she argues that as long as prevailing imbalances, inequalities, injustices and discriminatory attitudes and practices are not challenged in their systemic nature, equality and human dignity will remain but a concept for most people.

Acknowledging the intrinsic link between gender-based violence and HIV and AIDS, Elizabeth Doggett looks at the potential of reproductive and sexual health rights to break the cycle. She argues that through the recognition of women’s bodily autonomy and subsequent realisation of reproductive and sexual health rights, not only will the link between HIV and gender-based violence be weakened, but also that gender-based violence will eventually cease to exist.

Looking at crimes of hate and prejudice against black lesbians, Wendy Isaack raises the question as to whether or not these crimes are a separate and distinct phenomenon to gender-based violence. Recognising that the reality of lesbians remains to be one of violence, discrimination and crimes of hate and prejudice, due to the prevailing patriarchal order and ‘heterosexual norm’ and despite progressive lesbian and gay rights and protections, she argues, that to adequately address violence against lesbians it has to be contextualised within the concept of gender-based violence.

The portrayal of HIV and AIDS as it relates to gender-based violence in the media is assessed by Lene Øverland. She looks at various factors determining the way in which HIV and AIDS reporting takes place in the South African media and argues, that as long as HIV and AIDS reporting remains to be sensationalised, highly politicised, events-based and non-gendered in nature, media coverage of HIV and AIDS will not only continue to compromise the rights to privacy and dignity of people living with HIV and AIDS, but also reinforce existing stereotypes.

Timothy Aluta elaborates on the extent to which we, as human beings, as South Africans, as a nation, are and can be all equal, affected and positive. He argues that prejudice, vulnerability and access are as much a cause as a consequence of existing inequalities that directly impact on the extent to which we are affected by, and positive towards HIV and AIDS realities.While we are celebrating 10 years of democracy, we are celebrating fundamental principles of human dignity, equality and freedoms as the cornerstone of our democracy. And yet, we seem to struggle answering the question as to whether or not we are all equal. The immediate response tends to be yes, of course. We are all human beings. We are all the same. We have a Constitution that gives us the right to be equal and not to be discriminated against. We live in a democracy that is based on the principle of equality, human dignity and respect. We have equal rights. We have the right to equally enjoy our rights. So, yes, of course we are all equal. Aren’t we? At second thought, maybe not. Maybe not as equal as we should be, since our lives, our realities don’t seem to be a true reflection of concepts such as equality, non-discrimination, human dignity and respect.

We know that we are all equal. We know that we are to treat and to be treated equally. We know that we are not to discriminate against and not to be discriminated against. We know that we are to treat with respect and are to be treated with respect. And yet while we know all that, our lives, our realities seem to be but a reflection of inequalities, imbalances, discrimination, violations, victimisations, and disrespect for one another.

The Constitution guarantees EVERYONE the right not to be discriminated against. And it states a whole list of grounds based on which we are not to discriminate and are not to be discriminated against, including on the ground of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. And yet, reality seems to be persistently marked by discriminatory attitudes and practices on all of these grounds. Reality seems to remain a reflection of value, norm and belief systems that do not coincide with concepts of equality, non-discrimination and human dignity.

High levels of unemployment and poverty, ever-growing gaps between the poor and the affluent members of society, between rural and urban areas, between women and men, as well as seemingly unmanageable HIV and AIDS realities and challenges are but some of the factors describing our reality. The apparent gap between the theory of equality and the practice of inequality that we seem to have become accustomed to also includes daily incidences of women and girl children being violated and abused, people living with, and affected by, HIV and AIDS being discriminated against, lesbian and gays being victimised, the ‘other’, the one different to us, being excluded and marginalised. And if we are to find an answer to equality, then we have to acknowledge these realities as much as we have to acknowledge and celebrate the reality that EVERYONE has the right to be treated equally and not to be discriminated against.

However, since we, as human beings, seem to manifest and act upon our differences much easier than our sameness, we may want to raise the question as to whether or not equality, non-discrimination and human dignity is but a concept, a dream, something to strive for, but yet unachievable. But while it may appear but a concept, but a dream, we have to concede that it is reality. The reality is that we are all equal as human beings. And as human beings, we are all entitled to fundamental human rights and freedoms. As human beings, we are all entitled to be treated equally and to have our dignity respected and protected. And as human beings, we are all equal irrespective of our differences, but in respect of our sameness.

So, we are all equal and thus, we are all affected. We are all affected by the concept of equality, by the dream of equality, as we are all affected by the realities that challenge our dream of equality. And we are all positive. We are all positive that equality is more but a concept, a dream. We are all positive that we are able to challenge the realities that seem to threaten and discourage our concept of equality, that seem to cloud our vision, our dream of equality. We are all positive that we are all equal. Aren’t we?

Unfortunately, while we keep searching for an answer as to whether or not we are all equal, while we keep working on the challenge to become equal, to be equal, the reality, that some of us are more equal than others, will remain unchanged.