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.

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