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methods; j) the right to family planning education". The provisions of this article explicitly guarantee the right to family planning. 115. The Commission considers that family planning refers to all measures taken on behalf of an individual to control fertility, including the use of contraception, if the individual chooses not to have children now or in the future>. The right to exercise control over fertility, to decide on childbearing, the number and spacing of children, and to freely choose a method of contraception are inextricably linked, interdependent and inseparable=. All these/rights 'are based on respect for women's dignity and enshrine women's freedom to make their own decisions without interference from State or non-State ~ttbrs.37 116. The right to family planning educationenshrined in=Article 14.1.f) of Maputo Protocol requires States to provide full and accurate information necessary for the respect, protection, promotion a!ld enjoyment of health, including the choice of contraceptive methods. 117. In the present case, the'Complainants fail to demonstrate the causal link between the facts described and the. allegations of the above-mentioned provisions of Article 14 of Maputo Protocol. ":Indeed, th~' Complainants' submissions do not demonstrate how the facts d1scribed impeded the victims' personal decisionmaking on the right to exercise control over their~fertility, on the right to decide on their maternity, the number of cliildren and the spacing of births, or on family planning in general. 118. In the absence of.such justification, the Committee concludes that Article 14.1 (a) (b) (c) (f) of the Maj3u!o Protocol has not been violated . .\ --,-, .'.;~ "; .' '\ On the violation oJArtie!'e 14.2 (a5,~1Jd(c) of Maputo Protocol 119. Article 14.2 (a)ari.d (c) of the Maputo Protocol states as follows: "States shall take all appropriate mea~lf:.~esto: a) Ensure that women have access to adequate health care services at affordable cost and within reasonable distances, including information, education and communication programmes for women, in particular those living in rural areas; c) protect the reproductive rights of women, especially by permitting safe abortion, in cases of sexual assault, rape, incest and when the pregnancy endangers the mental and physical health of the mother or the life of the mother or e oetus . .....,..:;;.;c;-.;-;w.~4. /,.,ll ...~ <,tCRE1'41jl -",'" ." 120. The provisions of this Article guarantee/mome ccess r@..- ' fordable health care within reasonable distances and the rigpt t sar rti 0 in cases of sexual . I<(, f"\ (,) 0 ----------- ~ ~ 35 African ta/tg Commission on Human and Peoples' Rights, Ge and Article 14.2 (a) and (c) of the Protocol to the African C Women in Africa, para 9 36 African Cornmlsslon on Human and Peoples' Rights, General ~ s '# m'elfl1JJ/}:Jo. r'fM Num.a ~ VI • 0.." ~ • .co'i:: ~AI"... ~~~o ~ G). Ie 14.1 (a), (b), (c) and (f) Per;, les' Rights on the Rights of \.~'? ~ n 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 23. para 24. 37 Idem, 22

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Communication 564/15 - Community Law Centre, University of the Western Cape & Alliance Africa v. The Federal Republic of Nigeria

ACHPR Decision

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Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Equality
Maputo Protocol
Right to Health
Sexual and Gender Based Violence
Sexual and Reproductive Health Rights
Women's Rights

Case Head Notes: The Complainants state that thousands of Nigerian women have lost their lives because the Respondent State has failed to provide adequate access to maternal health care services. They emphasize that these deaths were preventable, and they note that the Respondent State's per capita health expenditure is among the lowest in the world. They also emphasize that, since only women can get pregnant, the failure to provide quality maternal care services is discriminatory, as it is a unique and important element of womens' health. The complainants also note the inter-sectional nature of discrimination in maternal health services, as poor women often have even less access to quality care services. The Commission found no violation of Article 4 as they state that it was not demonstrated that the Respondent State had sufficient resources to prevent maternal deaths, or that it had failed to take steps to improve the right to maternal health. The Commission found no violation of Article 16 because they state that the highest attainable standard of health is dependent on the economic capacity of the state. They further state that the 15% budget allocation for the health sector, which the Respondent State agreed to in the Abuja Declaration, is an expression of political will, not a legally binding instrument, and cannot be enforced against the Respondent State. The Commission found no violation of Article 14 of the Maputo Protocol because they stated that a causal link between the facts and the alleged violations was not demonstrated. The Commission found no violation of Article 5 because they stated that it was not proven that the omissions of the health service providers had a specific and well-defined objective of humiliating the victims or inducing them to act against their will. Further, they state that it was not established that the acts or omissions of health service providers created feelings of fear, anguish, or inferiority in the victims. The Commission found no violation of Article 2 because, while fees for access to maternity services exist, the Commission states that it was not established the fees were introduced with the particular objective of preventing poor women from accessing maternity services. Regarding the discriminatory requirement that women must have their husband donate blood, or, alternatively, pay a fee, the Commission stated that there was no evidence to establish a violation. The Commission found no violation of Article 3 because they state that it was not established how victims received differential protection by the law and courts of the Respondent State. The Commission found no violation of Article 9 because they state that it was not shown how the ignorance of Nigerian women about contraception contributed to the risk of maternal mortality, or that the Respondent State played a passive role in providing information. The Commission found no violation of the right to scientific progress because they state that scientific progress has to be available, and it was not established how scientific progress in the Respondent State is available and sufficient to overcome these challenges, or that, if it is available, that it has been made inaccessible to women. The Commission found no violation of Article 7 because they stated that it was not demonstrated that the victims were prevented from seizing the compentent bodies, or that they were denied such an opportunity.

Country

Nigeria

Outcome: Decided on Merits

Year Decided: May 23, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 16: Right to Health
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Not Violated (ACHPR Provisions)

ACHPR 16: Right to Health
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Dec 31, 2014 ~ May 23, 2023

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ACHPR Decision): Nigeria

Primary Documents

Community Law Centre, University of the Western Cape & Alliance Africa v. The Federal Republic of Nigeria.pdf
English
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African Human Rights CLA 2.0

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Communication 564/15 - Community Law Centre, University of the Western Cape & Alliance Africa v. The Federal Republic of Nigeria

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