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104. In the case under analysis, the Complainants note that Nigeria is identified as having the second highest number of maternal deaths.w The Commission observes that, in their submissions, the Complainants do not show how this maternal death is the result of a failure by the Nigerian State to take the necessary measures to prevent such death. In particular, it has not been demonstrated that the Respondent State has sufficient resources to prevent maternal death and, more importantly, that despite the existence of resources, it has failed to take the necessary steps to ensure the continuous and sustainable improvement of the right to maternal health. Nor have the Complainants demonstrated that the Respondent State has promoted or adopted measures that undermine access to health care or social security benefits, including through laws, policies or practices that have discriminatory effects. 105. In the absence of this explanation, the Commission concludes that the right to life under Article 4 of the African Charter and Article 4 of the Maputo Protocol was not violated. Violation of the right to health and sexual and reproductive health 106.The Complainants allege violation of. the right to health and sexual and reproductive health, which are respectively protected by Article 16 of the African Charter and Article 14 of the Maputo Protocol., '" Charter On the violation of Article 16 of the African 107. Article 16 of the Charter states that: "1. Every individual shall have the right to enjoy the highest attainable standard of physical and mental health, and that States Parties should take the necessary measures to protect the health of their people and to provide medical assistance in the event of sickness. The right to the highest attainable standard of health includes Hie right to health facilities, goods and services which shall be guaranteed to all without discrimination of any kind». In reality, the right /I to the highest attainable standard of health refers to the existence of health care, services and conditions, their accessibility, acceptability and quality, and imposes a duty on the State to respect, fulfil and protect it. 30 Report, p.13 31Communication 32 241/01 - Purohit and Moore v Gambia (2003) ACHPR para 80 See Pretoria Declaration on Economic, Social and Cultural Rights in Africa, 17 September 20 2004, para 7

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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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