88
Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa
providers to provide maternal health care services to pregnant
women.29 Accessibility is made up of four elements-physical,
economic, non-discrimination and information. This will require states
to provide maternal health care services that are physically and
financially accessible to all pregnant women, especially those in rural
areas. It will also require states to address discriminatory laws, policies,
practices and gender inequalities in health care and in society that
prevent women and adolescent girls from accessing good quality
services, including maternal care services. Information accessibility
requires states to ensure that women and adolescents enjoy access to
sexual and reproductive health information. This will require states to
remove legal and policy as well as socio-cultural barriers to information
on sexual and reproductive health. Acceptability requires that services
must be respectful of the culture of individuals, minorities, peoples and
communities and sensitive to gender and life-cycle requirements.30
States must ensure that maternal services are sensitive to the rights,
cultures and needs of pregnant women, including those from
indigenous peoples and other minority groups. Moreover, States are
expected to ensure that maternal health care services are medically
appropriate and of good quality.
2.2
The right to life
The right to life is often regarded as one of the most fundamental of all
human rights.31 It is guaranteed in international and regional human
rights instruments and national law including articles 6 of the
International Covenant on Civil and Political Rights (ICCPR)32 and 5 of
the African Charter. As affirmed at the Vienna Programme of Action, all
human rights (whether civil and political or socioeconomic rights), are
indivisible, interrelated and interdependent.33 Consequently, the
violation of the right to health may result in the violation of the right to
life.34 This is even more pertinent with regard to maternal injuries and
deaths, as deaths during pregnancy are largely avoidable. Previously,
the right to life had been construed narrowly to impose negative
obligations on the state to refrain from taking life. However, decisions
of regional human rights bodies and national courts have affirmed that
29
As above 7.
As above.
31
See General Comment 6 of the Human Rights Committee on article 6 of the ICCPR.
32
International Covenant on Civil and Political Rights, adopted in 1966 entered into
force on 23 March 1976.
33
Adopted by the World Conference on Human Rights in Vienna on 25 June 1993.
34
See for instance, Committee on ESCR General Comment No 14: The Right to the
Highest Attainable Standard of Health, UN Doc E/C/12/2000/4 para 3. See also
AE Yamin `Not just a tragedy: access to medication as a right under international law’
(2003) 21 Boston University International Law Journal 370.
30