(2017) 1 African Human Rights Yearbook
99
In 2016, the HRC adopted a resolution on maternal mortality.
Resolution 33/18, represents the latest instalment of these groundbreaking resolutions which continue to raise the bar on United Nationsled initiatives to address preventable maternal deaths.95 In keeping
with the global focus on meeting the targets set under the SDGs, the
resolution has also recognised the importance of identifying, within the
SDGs framework, appropriate national indicators in reducing maternal
mortality and morbidity. It urges states to assess, reform and establish
accountability mechanisms to ensure access to justice for women and
girls, and to continue to apply the OHCHR’s technical guidance.
Like the previous resolutions, it has retained the use of timespecific deliverables including by committing to convening a panel
discussion on the connections between SDGs 3 and 5 and preventable
maternal deaths and injuries, and sexual and reproductive health and
rights. In doing so, the Council continues to send a strong message that
its focus on maternal health will remain a priority and its deliberations,
and perhaps resolutions, will not cease till preventable maternal deaths
and injuries become a thing of the past. The African human rights
system could benefit from this approach in developing and rolling out
initiatives including resolutions, studies, and technical guidance which
are especially designed to account for Africa’s unique challenges and
prospects.
3.5
Jurisprudence: CEDAW Committee decision in
Alyne v Brazil
Aided by the adoption of the maternal mortality resolutions, the
development and findings of the OHCHR’s studies, and the work of
NGOs, the CEDAW Committee, charged with interpreting and ensuring
states’ compliance with CEDAW, categorically confirmed states’
obligations to address preventable maternal deaths and ensure to
women adequate access to maternal health services, as a fundamental
right, in its seminal decision of August 2011 in the case of Alyne v
Brazil.96
On 11 November 2002, Alyne, a Brazilian woman of African descent
who was then six months pregnant with her second child, went to a
local health centre due to vomiting and severe abdominal pain.97 The
doctor did not perform any tests before sending her home with vitamins
and medicine. She came back two days later, still complaining that she
had severe pain, and only then did the doctors admit her and establish
the absence of a foetal heartbeat.98 Alyne had a stillbirth but, against
prevailing medical standards which prescribe that surgery should be
95
A/HRC/RES/33/18 available at http://ap.ohchr.org/documents/dpage_e.aspx?si=
A/HRC/RES/33/18 (accessed 15 July 2017).
96
Communication 17/2008, Alyne da Silva Pimentel v Brazil, CEDAW Committee 10
August 2011 UN Doc CEDAW/C/49/D/17/2008.
97
Alyne da Silva Pimentel (n 96 above) paras 2.1-2.14.
98
As above, paras 2.3-2.4.