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Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa
being the International Covenant on Economic, Social and Cultural
Rights (ICESCR).17 Article 12(1) of the ICESCR recognises the right of
every one to the enjoyment of the highest attainable standard of health,
whereas article 12(2) recognises the underlying determinants of health
including maternal health care. Also, article 12 of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW)
recognises the right of all women on an equal basis with men to the
enjoyment of the right to health.18 More importantly, article 12(2) of
CEDAW enjoins states to realise the right to health care services to all
pregnant women.
Both the Committee on Economic Social and Cultural Rights
(ICESCR Committee) and Committee on the Elimination of
Discrimination against Women (CEDAW Committee), expert bodies
charged with interpreting ICESCR and CEDAW, have issued relevant
general comments or recommendations touching on the right to health
in general and on women’s health in particular.19 For instance, in its
General Comment 14, the ICESCR Committee noted that states must
ensure four key principles of the right to health: availability,
accessibility, acceptability and quality of health services for everyone,
including pregnant women.20 These principles are explained in detail
below. Moreover, the ICESCR Committee has emphasised that states
must give priority to the right to health of vulnerable groups, including
women and children. Also, the CEDAW Committee in General
Recommendation 24 has noted that states must ensure access to health
care services peculiar to women’s needs.21 More importantly, the
CEDAW Committee has noted that states must ensure the allocation of
adequate resources to facilitate access to health care services needed by
women and girls. It further notes that article 12 of the Convention
requires governments to respect, protect and fulfil women’s right to
health.22
The United Nations Human Rights Council (UNHRC) for the first
time in 2009 adopted a resolution on maternal mortality in which it
calls on states to take steps and measures to address maternal mortality
across the world.23 According to the UNHRC, maternal mortality
constitutes a gross violation of women’s fundamental rights, including
the rights to life, health, dignity and non-discrimination.24 Thus, it
17
International Covenant on Economic, Social and Cultural Rights, adopted
16 December 1966; GA Res 2200 (XXI), UN Doc A/6316 (1966) 993 UNTS 3 (entered
into force 3 January 1976).
18 Convention on the Elimination of All Forms of Discrimination Against Women GA
Res 54/180 UN GAOR 34th Session Supp No 46 UN Doc A/34/46 1980.
19
The Committee on ESCR and CEDAW Committee are the expert bodies tasked with
ensuring compliance with the ICESCR and CEDAW.
20
Committee on ESCR The Right to the Highest Attainable Standard of Health;
General Comment No 14, UN Doc E/C/12/2000/4 para 12.
21
CEDAW Committee General Recommendation 24 on Women and Health UN
GAOR 1999, Doc A/54/38 Rev para 11.
22
As above, paras 14-16.
23
Human Rights Council Preventable maternal mortality and morbidity and human
rights A/HRC/11/L.16/Rev 1, 16 June 2009.
24
As above para 2.