2. The Protocol was adopted by the African Union in 2003, and entered into force in 2005. It
complements the African Charter by expanding the substantive protection of women’s rights in
Africa, including by explicitly providing for their health and reproductive rights. Under the Protocol,
the term ‘women’ includes girls.
3. According to available data, women in Sub-Saharan Africa are at a disproportionate risk of HIV
infection.[1] Most recent figures indicate that women comprise 59% of people living with HIV in this
region.[2] In Sub-Saharan Africa, young women aged 15 to 24 years are as much as eight times
more likely than men to be living with HIV.[3] Given the susceptibility of women to HIV and related
rights abuses in Africa, the African Commission recognises that the societal context based on
gender inequalities, power imbalances and male dominance has to be addressed and transformed
in order for women to meaningfully claim and enjoy freedom from violence, abuse, coercion and
discrimination.
4. According to the African Commission there are multiple forms of discrimination based on various
grounds such as: race, sex, sexuality, sexual orientation, age, pregnancy, marital status, HIV
status, social and economic status, disability, harmful customary practices and/or religion. In
addition, the African Commission recognises that these forms of discrimination, individually or
collectively, prevent women from realising their right to self-protection and to be protected.
5. The African Commission recognises that women in Africa have the right to the highest attainable
standard of health which includes sexual and reproductive health and rights. Amidst high
prevalence and significant risk of HIV exposure and transmission, women are unable to fully enjoy
these rights. Notably, the limitation of women’s rights in the context of sexual and reproductive
health increases the likelihood to HIV exposure and transmission. This is further compounded for
women living with HIV whose access to these rights is severely limited or denied as a result of HIVrelated discrimination, stigma, prejudices and harmful customary practices.
6. Addressing the issue of HIV for the first time in an international legally binding instrument, Article
14 (1) (d) and (e) of the Protocol specifically deals with HIV. While the African Commission
welcomes the explicit mention of HIV, it notes that the provisions are framed in open-ended
language and in broad terms, and that reference is made to international standards without
stipulating their content. There is, therefore, a need to adopt these General Comments to guide
States action in line with these provisions of the Protocol.
7. While these General Comments focus on Article 14 (1) (d) & (e), this article should not be read
and understood in isolation from other provisions of the Protocol dealing with the intersecting
aspects of women’s human rights, such as gender inequality, gender-based violence, harmful
customary practices, and access to socio-economic rights.
8. The African Commission welcomes the commitments made by African governments recognizing
the need for enhanced efforts to promote and protect women’s sexual and reproductive health
rights such as the 2001 Abuja Declaration on HIV/AIDS, Tuberculosis and Other Related Infectious
Diseases (Abuja Declaration), the 2006 Continental Policy Framework on Sexual and Reproductive
Health and Rights, and the Maputo Plan of Action for the Operationalisation of the Continental
Policy Framework for Sexual and Reproductive Health and Rights (Maputo Plan of Action) adopted
in 2006.
9. Further, while Article 14 (1) (d) and (e) in focus refers to sexually transmitted infections, it must
be noted that the focus on HIV in this document is deliberate in light of the disproportionate effect
that HIV has on women’s health in Africa. The aspects elaborated herein are also applicable to
other sexually transmitted diseases.