(2017) 1 African Human Rights Yearbook 101 medical services. Instead, they must supervise and regulate the health practices and policies of private health facilities.110 It also found that Brazil had violated Alyne’s right to access to justice guaranteed in article 2(c), due to the delays and ultimate lack of redress. It further determined that the government had failed in its obligation to exercise due diligence in ensuring that private healthcare providers deliver sufficient care as provided for in article 2(e) of the Convention.111 It also held that Alyne’s right to non-discrimination, defined under article 1, had been violated.112 The Committee issued both individual and broader remedies aimed at addressing structural shortcomings. It mandated individual remedies such as reparation to Alyne’s family, including financial compensation.113 It also required the government to ensure maternal healthcare was affordable to all women,114 and to train healthcare providers about women’s reproductive rights including quality care during pregnancy and timely emergency obstetric care.115 The Committee asked the government to provide effective remedies for violations of women’s reproductive rights,116 to make certain that health centres respect reproductive healthcare standards,117 to punish providers who violate women’s reproductive rights,118 and to implement a national law to reduce maternal mortality and morbidity.119 The case also established state responsibility for private healthcare facilities, and can offer the African Court on Human and Peoples’ Rights (African Court) crucial insights on the role it could play to develop and strengthen standards and ensure accountability for preventable maternal mortality and morbidity. 4 POTENTIAL OF THE AFRICAN COURT AND COMMISSION TO DEVELOP NORMS ON MATERNAL MORTALITY As noted above, all the three major human rights instruments in the region – the African Charter, the African Children’s Rights Charter and the African Women’s Rights Protocol – contain important provisions relevant in addressing maternal mortality as a human rights violation. Furthermore, both the African Court and the African Commission have 110 111 112 113 114 115 116 117 118 119 As above, para 7.5. As above, para 8. As above. As above, para 8.1. As above, para 8.2(a). As above, para 8.2(b). As above, para 8.2(c). As above, para 8.2(d). As above, para 8.2(e). As above, para 8.2(f).