of all children under their jurisdiction.87 Pertinent to this Communication are provisions mandating ‘appropriate health care for expectant and nursing mothers’.88 and the development of ‘preventive health care and family life education and provision of services.’89 The Committee has also developed a General Comment on Sexual Exploitation, and a Joint General Comment with the African Commission on Child Marriage, which further outline the scope of girls’ rights to sexual health services and protection. 78. The Maputo Protocol defines its scope of application as including girls.90 Article 14 of the Protocol outlines States’ obligations regarding girls’ rights to health and reproductive rights and General Comment No. 2 of the African Commission further elaborates on these obligations.91 These rights include ‘the right to control their fertility, the right to decide the number of children and the spacing of children, the right to choose any method of contraception, and the right to have family planning education.’92 This is also stipulated in aspirations 4 and 6 of Agenda 2040, as well as target 3.7 of the United Nations’ Sustainable Development Goals (SDGs). 79. The relevant criteria for measuring the performance and implementation of healthcare obligations are availability, accessibility, acceptability, and quality.93 These criteria are implicated differently in the context of the provision of child-friendly services and extend to include the provision of safe, and confidential abortion services.94 80. The Respondent State is under a duty to facilitate a safe and supportive environment for adolescents with an emphasis on the duty of schools in this regard.95 This includes ensuring sufficient access to information, skills development, counselling, and health services, particularly in terms of the provision of sexual and reproductive health information and services.96 This should be premised on fostering ‘positive and supportive attitudes towards adolescent parenthood’ and developing ‘policies that will allow adolescent mothers to continue their education.’97 81. The Committee agrees with the African Commission that the right to health includes the right to control one’s health and body and the right to be free from interferences.98 87 Article 14 of the ACRWC. 88 Article 14(2)(e) of the ACRWC. 89 Article 14(2)(e) of the ACRWC. 90 Article 1(k) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 25 November 2005. 91 General Comment No. 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. 92 As above, 2. 93 UNCRC, General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), para 112. 94 General Comment No. 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, para 53. 95 UNCRC, General comment No. 4 (2003): Adolescent Health and Development in the Context of the Convention on the Rights of the Child, para 13-16. 96 As above, para 24. 97 As above. 98 ACHPR, Communication 379/09: Monim Elgak, Osman Hummeida, and Amir Suliman (represented by FIDH and OMCT) v Sudan (2015) para 134. JN 31

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