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maternity care. They list other cases of mistreatment such as denial of access to post-delivery care, etc. 130. After careful analysis of the arguments and evidence submitted by the Complainants in support of their allegations, the Commission is of the opinion that these acts do not qualify as torture or cruel, inhuman or degrading treatment within the meaning of Article 5 of the African Charter. In particular, it has not been proven that the facts described by the Complainants, which amount to omissions on the part of the health service providers, had a specific and welldefined objective of humiliating the victims or of inducing them to act against their will or their conscience. In particular, the Commission considers that these acts cannot be considered degrading or humiliating because the Complainants have not been able to establish that these acts created in the victims feelings of fear, anguish and inferiority such as to humiliate them, debase them and possibly break their physical or moral resistance, as explained by:the European Court in Irland v. United Kingdom (1978)47. 131. The Commission concludes that Article 5 of the African Charter has not been violated. On the violation of the right to equality and non-discrimination 132. The Complainants allege a violation of the right to equality and the right to nondiscrimination. uhese rights are protected by the Charter in Articles 2 and 3. The Commission proposes to analyse them one by one. On the violation of the right to non-discrimination 133. This right IS protected by Article 2 of the African Charter which states that II Every individual shal{ br;;entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the1!,resent Charter without distinction of any kind, such as race, ethnic group, colour, sef; language, religion, political or any other opinion, national or social origin, fortune, birth or any status". It is also protected by Article 2 of the Maputo Protocol which states as follows: "States shall combat discrimination against women in all its forms by adopting appropriate legislative, institutional and other measures ". While Article 2 of the African Charter advocates non-discrimination towards all persons, Article 2 of the Maputo Protocol is very specific and focuses on one aspect only, that of non-discrimination on the basis of sex, i.e., non-~iscrimination against women. 25

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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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