'Rugged Vaginas' and 'Vulnerable Rectums': The Sexual Identity, Epidemiology, and Law of the Global HIV Epidemic
Columbia Journal of Gender and Law, Vol. 26, No. 1, pp. 1-57, 2013
Northeastern University School of Law Research Paper No. 163-2013
Posted: 6 Nov 2013 Last revised: 4 Apr 2019
Date Written: November 5, 2013
Abstract
AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the “identity/risk narrative”: the commonsense understanding about an identity group’s HIV risk. For example, epidemiology offers the biological narrative of risk: anal sex and the weak rectal lining make men who have sex with men more vulnerable to HIV; while the fragility of a woman’s vaginal wall provides a biological foundation for women’s vulnerability. These biological narratives underpin rights-claiming in international human rights institutions: many women’s rights activists and gay rights activists rely on these biological ideas of risk to define their groups and demand legal and policy change. The corresponding legal projects emanate from identity driven projects.
While acknowledging identity’s potential as an organizational force, this Article argues that we must critically interrogate our reliance on identity politics in building movements to respond to the HIV epidemic. Through telling the history of gender organizing in the context of the international HIV epidemic and international human rights law, this article encourages HIV-movement lawyers and activists to remain vigilant about the downsides of identity politics so that we can remain responsive to the most marginalized communities. In other words, we must be attuned to the downsides of identity politics, even as it may feel like a necessary mode of activist engagement, in order to protect people and issues that are left out of identity-based movements and strengthen the response to HIV and AIDS.
I conclude this article by offering strategies to minimize the downsides of identity-based legal advocacy through shifting the mode of legal advocacy around HIV. By remaining vigilant about destabilizing identity, taking a consequentialist approach, and remaining focused on the background rules, advocacy can remain agile and responsive to the impact of HIV.
Suggested Citation: Suggested Citation
Aziza Ahmed (Contact Author)

Northeastern University - School of Law ( email )
416 Huntington Avenue
Boston, MA 02115
United States
Do you have a job opening that you would like to promote on SSRN?
Paper statistics
Related eJournals
-
Northeastern University School of Law Public Law & Legal Theory Research Paper Series
Northeastern University School of Law Public Law & Legal Theory Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS4,605PAPERS558This Journal is curated by:Wendy E. Parmet at Northeastern University - School of Law, James R. Hackney, Jr. at Northeastern University - School of Law -
Law & Society: International & Comparative Law eJournal
Law & Society: International & Comparative Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS989PAPERS32,330This Journal is curated by:Christiana Ochoa at Indiana University Maurer School of Law -
Women, Gender & the Law eJournal
Women, Gender & the Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS895PAPERS11,150This Journal is curated by:Kim Brooks at Dalhousie University - Schulich School of Law -
Rhetorical Analysis eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS870PAPERS404This Journal is curated by:David C. Logan at California Medical Association (CMA) WellnessUniversity of Southern California - Marshall School of Business -
Social & Political Philosophy eJournal
Social & Political Philosophy eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS850PAPERS19,178 -
Public Health Law & Policy eJournal
Public Health Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS844PAPERS8,851This Journal is curated by:Scott Burris at Center for Public Health Law Research, Temple University - James E. Beasley School of Law -
Cultural Anthropology eJournal
Cultural Anthropology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS639PAPERS38,403 -
Human Rights & the Global Economy eJournal
Human Rights & the Global Economy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS638PAPERS10,304This Journal is curated by:Wendy E. Parmet at Northeastern University - School of Law, Martha F. Davis at Northeastern University - School of Law -
Human Rights & the Corporation eJournal
Human Rights & the Corporation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS608PAPERS11,518This Journal is curated by:Timothy M. Devinney at University of Manchester - Alliance Manchester Business School -
Women, Law, & Human Rights eJournal
Women, Law, & Human Rights eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS408PAPERS2,798This Journal is curated by:Lucie Lamarche at Université du Québec à Montréal, Département des sciences juridiques, Elizabeth A. Sheehy at University of Ottawa - Common Law Section -
Sexuality & Gender Studies eJournal
Sexuality & Gender Studies eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS394PAPERS1,706 -
Sexuality & the Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS385PAPERS5,563This Journal is curated by:Nan D. Hunter at Georgetown University Law Center -
Applied & Practicing Anthropology eJournal
Applied & Practicing Anthropology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS365PAPERS7,584 -
Reproductive Justice, Law & Policy eJournal
Reproductive Justice, Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS338PAPERS2,592 -
Biology & Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS288PAPERS2,883 -
Women & International Relations eJournal
Women & International Relations eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS283PAPERS3,435 -
Medical Anthropology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS278PAPERS5,793 -
Women & Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS231PAPERS1,923 -
Gender in the Global Research Landscape eJournal
Gender in the Global Research Landscape eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS195PAPERS662 -
Human Health & Disease eJournal
Human Health & Disease eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS169PAPERS6,411 -
Women & Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS128PAPERS1,832 -
Infectious Diseases eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS69PAPERS4,418 -
Conflict Studies: International Relations Theory eJournal
Conflict Studies: International Relations Theory eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS60PAPERS1,908This Journal is curated by:Kelly M. Kadera at University of Iowa - Department of Political Science, Brian H. Lai at University of Iowa - Department of Political Science -
Political Economy - Development: Health eJournal
Political Economy - Development: Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS54PAPERS14,563 -
Nursing Care eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS30PAPERS1,466 -
HIV/AIDS eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS5PAPERS494 -
Human Rights eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS3PAPERS29,931