43. States Parties should ensure that policies and programmes are sensitive to the needs of all
women taking heed of the varying specificities of different groups of women highlighted in
paragraph 14 above. These methods should include youth friendly services, and be part of a
comprehensive package of care in the context of sexual and reproductive health.
44. The specific approaches mentioned in paragraph 39 above must ensure that these procedures,
technologies and services are available in a manner that complies with ethical standards, is
confidential, voluntary and obtained with informed consent.
45. States Parties should create safe and enabling conditions through legal, policy, regulatory and
programmatic measures that create positive conditions for informed disclosure and lawful
notification of one’s health status and the health status of one’s partner as enumerated in
paragraphs 13 and 18 respectively.
Barriers to sexual and reproductive health rights
46. States Parties should take all appropriate measures, through policies, programmes and
awareness-raising towards the elimination of all barriers to women and girls enjoyment of sexual
and reproductive health. In particular, specific efforts should be made to address gender
disparities, harmful traditional and cultural practices, patriarchal attitudes, discriminatory laws and
policies in accordance with articles 2 and 5 of the Protocol. In this regard, States should
collaborate with traditional and religious leaders, social movements, civil society, non-governmental
organisations including women-centred NGOs, international organisations and development
partners.
47. States should take all appropriate measures to eliminate economic and geographic barriers of
women in accessing health services and thus bring such services closer to communities,
particularly for women residing in rural communities.
Provision of financial resources
48. States Parties, in line with Article 26 (2) of the Protocol and paragraph 7 of the Maputo Plan of
Action, should fund and empower public health authorities to provide a comprehensive range of
services for the prevention and treatment of every person’s sexual and reproductive health.
Redress for sexual and reproductive health violations
49. States shall ensure the availability and accessibility of redress and referral mechanisms such
as legal and medical services in cases of violations of women sexual and reproductive rights,
including non-discrimination, confidentiality, respect of autonomy and informed consent.
50. Failure by a State Party to comply with Article 14(1) (d) and (e) as clarified and enumerated in
these General Comments will amount to a violation of the provisions of the said article.
51. The African Commission in deciding a communication and examining State reports relating to
obligations under Article 14(1) (d) and (e) of the Protocol will be guided by these General
Comments.
52. States are encouraged to submit timely periodic reports on measures taken to implement the
African Women’s Rights Protocol in line with Article 26 (1). Reports should include consideration of
these General Comments and should respect the guidelines developed by the African Commission
for this purpose.
[1] UNAIDS Progress Report 2011 p 19.
[2] As above, figures from 2010.