(2017) 1 African Human Rights Yearbook 91 services will undermine their right to dignity and freedom from torture, cruel, inhuman or degrading treatment.44 Indeed, the recent General Comment of the African Commission on Redress for Torture expressly addressed torture, cruel, inhuman or degrading treatment in healthcare facilities and urged states to be mindful of the gendered nature of torture and other ill-treatment and ensure adequate protective measures are put in place.45 Consequently, where a state fails to ensure quality maternal health care services to pregnant women free of mistreatment, abuse and neglect, this will result in the violation of their right to dignity and freedom from cruel and inhuman treatment. 2.4 The right to equality and non-discrimination The link between low status of women and high maternal deaths has been firmly established.46 Indeed, as stated in the introduction, high maternal mortality rates are common among women in developing countries compared to developed countries as well as among vulnerable and marginalised women within a country. This perhaps is the most profound evidence of the injustice this avoidable situation represents. It also raises the issue of non-discrimination and violation of the right to equality. Article 12 of the CEDAW requires states to ensure access to health care services to women on a non-discriminatory basis. The rights to equality and non-discrimination are essential to maternal mortality, particularly where poor, disadvantaged and vulnerable women in rural areas or indigenous communities are concerned. This was unequivocally confirmed by the CEDAW Committee in a ground breaking decision in Alyne da Silva Pimentel v Brazil, which is discussed in detail in the next section.47 Likewise, the African Women’s Rights Protocol requires states to eliminate every form of discrimination against women including by undertaking measures to address the social and cultural patterns that perpetuate discrimination against women and girls.48 It further obligates state parties to enact and implement appropriate measures prohibiting and curbing all forms of discrimination particularly those 44 Millicent Awuor Maimuna & Another v Attorney General of Kenya & Others (2012) Petition No 562. Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report of the Special Rapporteur on torture and other cruel inhuman or degrading treatment or punishment, Human Rights Council, para. 47, UN Doc. A/HRC/22/53 (1 February 2013) (Juan E Mendez). 45 African Commission on Human and Peoples’ Rights, General Comment No.3 on the Right to Life, paras 19 and 30, available at http://www.achpr.org/files/instruments/ general-comment-right-to-redress/achpr_general_comment_no._4_english.pdf (accessed 15 July 2017). 46 See R Cook et al Reproductive health and human rights: integrating medicine, ethics, and law (2003). 47 Communication 17/2008, Alyne da Silva Pimentel v Brazil CEDAW Committee CEDAW/C/49/D/17/ 2008. Decision of 25 July, 2011. 48 Article 2 of the African Women’s Rights Protocol.