Indonesia’s virginity tests: A growing women’s rights violation

Indonesia’s city of Jember recently proposed imposing a state-sponsored two-finger test to check for the virginity of female high school students, preventing those who have engaged in pre-marital sex from receiving their rightfully earned diploma.

Though this proposal was quickly retracted due to international outcry, these discriminatory tests have been prevalent in Indonesia for decades — this practice is common in parts of South Asia and Africa as well — awarding great value to female virginity and the intact hymen.

Since 1965 Indonesia’s national police has forced women to strip in front of strangers and undergo the humiliating two-finger virginity test, allowing only unmarried virgins to join the forces. Additionally, legislators have proposed on numerous occasions such as in 2007 and 2013, imposing virginity examinations on schoolgirls as a requirement for high school.

From a basic scientific level, two-finger virginity examinations hold little weight since many factors can contribute to the tearing of the hymen other than sexual intercourse, for example through physical activity such as horseback riding. The World Health Organization has emphasized that the two-finger virginity test is outdated, inaccurate and a clear violation of women’s rights.

Disempowerment

Moreover, these laws are systematically labeling women as immoral and promiscuous by placing the blame solely on women for sexual acts outside of the confines of marriage. This is further highlighted by the double standard that men are excluded from any such “morality tests” or educational requirements. The fundamental message that is being sent is that women are distrustful and defined simply by their reproductive and biological capabilities. Regulations such as these are tool to keep women subordinate, out of positions of authority and in a domain of control, effectively dehumanizing female bodies and converting them into symbols of societal purity — all in the guise of “Islam.” Not to mention, there is not even an attempt at concealing the obvious disempowerment of women since these regulations are visibly tied to education and career-prospects of women.

Furthermore, these archaic virginity tests are in clear violation of human rights ratified by the Indonesian government, particularly article 7 of International Covenant on Civil and Political Rights, which states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.” The hymen examinations additionally violate article 16 of the Convention against Torture, which clearly underscores that it is the responsibility of the state to “prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment.”

Increase in discriminatory laws against women

According to the National Commission on Violence Against Women, there has been an increase in discriminatory laws against women since 1999, when regional autonomy was implemented.

“Of the 342 discriminatory polices,” according to the press release, “265 are directed at women in the name of religion and morality. Included in these 265 policies are 79 regulating manner of dressing based on an interpretation of the majority religion. This situation restricts freedom of expression and freedom of religion. There are 124 policies on prostitution and pornography, 27 policies on separation of men and women in public space for moral reasons (19 of these using the term khalwat or morality)  and 35 policies on curfews that restrict women’s mobility, choice of work, as well as protection and legal certainty.”

Human Rights Watch has stressed that state officials need to take a strong stance against state-sponsored oppression and cruelty.

Andreas Harsono, an Indonesian researcher with HRW writes, “[President Joko] Widodo’s challenge is to prove that his administration will not tolerate abusive virginity tests or trade women’s fundamental rights for political support from Islamist militants. Widodo should send that message by boldly banning virginity tests and lifting Islamist-imposed restrictions on women’s rights. Failure to act on women’s rights will mark a betrayal of Indonesian women and haunt his administration for years to come.”