(2017) 1 African Human Rights Yearbook
103
Furthermore, in its General Comment 2 on other provisions of
article 14 of the African Women’s Rights Protocol, the Commission
called on African governments to ensure universal access to sexual and
reproductive health in order to address unsafe abortion and mortalities
among women and girls.124 Although the General Comment did not
specifically focus on maternal mortality, some of the standards
developed by the Commission are relevant in addressing high maternal
mortality in the region. For instance, the Commission calls on African
governments to ensure availability of contraceptive services, family
planning services and sexuality education in order to advance the
sexual and reproductive health of women in the region.125 Given that
low uptake of contraception and lack of access to family planning
services often lead to unplanned pregnancies, this statement by the
Commission is germane in addressing maternal mortality in the
region.126
Also, in its General Comment 3 the Commission adopted a similar
progressive approach as the HRC in its General Comment 6 to
interpreting the right to life guaranteed under the African Charter by
noting that states do not only have negative obligations to refrain from
taking lives but also positive obligations to prevent loss of life.127 The
Commission specifically notes that the right to life includes preventing
maternal deaths. This is also consistent with the approach of the other
United Nations bodies such as the CEDAW Committee, Committee on
the Rights of the Child, and the CESCR in its General Comment 14,
where it noted that the enjoyment of the right to health is dependent on
other rights such as life, dignity, privacy and non-discrimination.128
The Commission’s stance is also an acknowledgment of the
interdependence and interrelatedness of all human rights. The
Commission has affirmed this approach in some of its jurisprudence.
For instance, in the SERAC case, the Commission had reasoned that the
pollution of water and land of the Ogoni people not only violated the
right to health but also undermined the rights to life, dignity, food and
non-discrimination.129 Also, in International Pen case, the
Commission noted that a denial of access to health care services to a
prisoner would undermine the right to life guaranteed in the African
124
African Commission on Humana and Peoples’ Rights General Comment 2 on article
14(1)(a), (b), (c) and (f) and article 14(2)(a) and (c) of the Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Women in Africa adopted during the
55th Ordinary Session in Angola 28 April -12 May 2014.
125
As above.
126
For a detailed analysis of this General Comment see C Ngwena et al ‘Human rights
advances in women’s reproductive health in Africa’ (2014) 129 International Journal of
Gynaecology and Obstetrics 184-187.
127
African Commission on Human and Peoples’ Rights General Comment No. 3 On the
African Charter on Human and Peoples’ Rights: The Right to Life (Article 4) adopted
during its 57th Ordinary Session, held in Banjul, The Gambia, in November 2015.
128
General Comment 14 (n 15 above).
129 Social and Economic Rights Action Centre (SERAC) and another v Nigeria (2001)
AHRLR 60 (ACHPR 2001).