102
Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa
important roles to play in developing norms and standards on maternal
mortality. The Court can develop important jurisprudence on maternal
health to hold states accountable in this regard. Equally, the African
Commission through its promotional and protective mandate can
develop norms and standards to address maternal mortality in the
region. So far, the African Court is yet to decide any case relating to
maternal mortality. Most of the cases that the Court has dealt with
relate to civil and political rights. This may be due to the fact that only
8 countries have entered a declaration as envisaged under article 36(4)
of the Protocol to the African Charter establishing the Court. It might be
necessary for the Court to consider experiences from other jurisdictions
in this regard.
While the Commission and Courts are yet to issue any decision
specifically relating to maternal mortality, some important standards
have been developed relevant to addressing this issue in the region. As
noted earlier, as far back as 2008, the Commission adopted a resolution
relating to maternal mortality as a human rights challenge. In that
resolution, the Commission declared maternal mortality a state of
emergency in Africa and called on African governments to wake up to
their obligations to address preventable maternal deaths in the region.
The Commission reasoned that maternal deaths in the region
constituted a violation of women’s rights to dignity, life, health and
non-discrimination.
In its first General Comment on article 14 of the African Women’s
Rights Protocol, the Commission had called on African governments to
create an enabling environment where legal and policy frameworks
respect the rights of persons living with or affected by HIV.120 The
Commission noted that
States Parties should also ensure that health workers are not allowed, on the basis
of religion or conscience, to deny access to sexual and reproductive health services
to women as highlighted in this document.121
It further expressed deep concerns about lack of access to sexual and
reproductive health services for women in the region. Moreover, the
Commission urged African governments to adopt a holistic approach
towards addressing norms that perpetuate the low status of women in
societies and improve access to sexual and reproductive health services
for women.122 This statement is not only crucial to addressing the high
prevalence of HIV among women, but also important in mitigating
some of the factors that aggravate maternal mortality in the region.
Studies have shown correlation between high HIV prevalence and
maternal mortality in the region.123
120
African Commission on Human and Peoples’ Rights General Comments on article
14(1)(d) and (e) of the Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa adopted during the 52nd Ordinary Session in Côte
d’Ivoire 9-22 October 2012.
121
As above, para 31.
122
As above.
123 See for instance L Say et al ‘Global causes of maternal death: A WHO systematic
analysis’ (2014) Lancet e323-e333.