92
Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa
harmful practices which endanger the health and general well-being of
women.49
Given the high maternal deaths in many African countries and the
failure of governments to address this situation, African governments
can be held accountable for the violation of the rights to equality and
non-discrimination of women.
2.5
The right to information
Access to comprehensive sexual and reproductive health information is
crucial to preventing ill-health and ensuring the well-being of all
individuals. More importantly, access to sexual and reproductive health
information can help in preventing unplanned pregnancies, unsafe
abortion and minimising incidence of maternal deaths and morbidities.
The ICESCR Committee has noted that the enjoyment of the right to
health includes access to health facilities and information.50 The right
to information is guaranteed in most international human rights
instruments. Article 19 of the ICCPR provides for the right to
information, while articles 10(h) and 16(1)(e) of CEDAW guarantee
women, including those in rural areas, access to family planning
information. The right is equally guaranteed in regional instruments
such as the African Women’s Rights Protocol, particularly article
14(2)(a), which tasks states with providing adequate, affordable, and
accessible health-related information, particularly for women in rural
areas.51
These provisions impose both positive and negative obligations on
states to ensure access to sexual and reproductive health information
and to refrain from interfering with the enjoyment of this right.52 Yet,
in many parts of Africa, vulnerable women, including young women
and women in rural areas, often lack access to adequate information to
prevent unplanned pregnancies and other risks associated with
pregnancy.
3
INITIATIVES AND JURISPRUDENCE OF UN
HUMAN RIGHTS BODIES ON MATERNAL
MORTALITY
As illustrated in the section above, UN institutions, including treaty
monitoring bodies have had the opportunity to address maternal
mortality as a human rights concern. This section considers the
49
Article 2(1)(b) of the African Women’s Rights Protocol
UN CESCR General Comment 14 (n 20 above).
51
African Women’s Rights Protocol, http://www.achpr.org/instruments/womenprotocol/#14 (accessed 14 July 2017).
52 See S Coliver ‘The right to information necessary for reproductive health and choice
under international law’ (1995) 44 American University Law Review 1279.
50