PART 1. REGIONAL AND INTERNATIONAL LEGAL FRAMEWORK 29th African Union Summit in Addis Ababa, Ethiopia on July 3, 2017. © Minasse Wondimu Hailu / Anadolu Agency / AFP. A. LEGAL FRAMEWORK AND DEFINITIONS 1. Regional framework 1. 1. The fight against sexual violence and its consequences in Africa is framed by a body of binding and non-binding legal instruments that apply at the regional level. First and foremost is the African Charter on Human and Peoples’ Rights (hereinafter “the African Charter”, 1981), which guarantees the principle of non-discrimination; the right to equality before the law and to equal protection from the law; the right to a hearing before competent national courts; the right to physical and integrity; the right to dignity; a prohibition on slavery, human trafficking, torture, and cruel, inhuman or degrading treatment or punishment; the right to freedom and security; the right to the enjoyment of the best possible physical and mental health; and the right to education. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women (hereinafter the “Maputo Protocol”, 2003) sets out these specific principles, and commits State Parties to the adoption of specific measures to combat violence against women, especially sexual violence (Article 3 (4); Article 4; Article 5; Article 6; Article 11 (3); Article 22 (b); Article 23 (b)), and authorizes medical abortions in situations involving sexual assault, rape and incest (Article 14 (2) (c)). The African Charter on the Rights and Welfare of the Child (1990) also guarantees the protection of children against sexual abuse and exploitation (Articles 16 and 27). 1. 2. The African Commission on Human and Peoples’ Rights (hereinafter “the Commission”) has adopted general comments that specify the obligations of states regarding sexual and reproductive health for women and adolescent girls (General Comments No. 2 of Article 14.1 (a), (b), (c) and (f) and Article 14.2 (a) and (c) of the Maputo Protocol (2014)); and on the right to reparation for victims of torture and other cruel, inhuman or degrading treatment or punishment, including the victims of sexual violence (General Comments No. 4 of Article 5 on the right to redress for victims of torture and other punishments or cruel, inhuman and degrading treatment (2017)). 1. 3. The Commission also adopted topical resolutions (Resolution 110: on the Health and Reproductive Rights of Women in Africa (2007); Resolution 111: on the Right to a Remedy and Reparation for Women 12 GUIDELINES ON COMBATING SEXUAL VIOLENCE AND ITS CONSEQUENCES IN AFRICA