69. They assert that health services, including maternal health care, should be
provided in a manner that respects women's dignity and their right to be free
from abuse. When women are abused in the area of reproductive rights, the
responsibility of the State is often brought into play through the enforcement of
restrictive and discriminatory laws or policies, actions by health professionals
who do not respect ethical standards, lack of appropriate regulation of private
health facilities, or lack of punishment for violence perpetrated by individuals.
70. The Complainants point out that Article 5 of the African Charter combines a wide
range of rights, including the protection of the right to dignity and liberty against
ill-treatment. To substantiate their allegations, they refer to the jurisprudence of
the African Commission, where the latter explained that this provision is violated
when a person is exposed to suffering or treated in an undignified manner and
that coercive acts, including the denial of reproductive health services, constitute
cruel, inhuman and degrading treatment in violation of Article 5 of the African
Charter.
71. The Complainants further point out that the Article 4 of the Maputo Protocol
guarantees the right of women to be treated, with dignity. Addressing the issue
of detention of pregnant women-in health*iacilities, the Corripjainants contend
that States must ensure that women are not treated in an inhumane, cruel, and
degrading manner when s,eeking sexual and reproductive health services. They
insist that in its mo§t recent, <Epndu~g\ Obse:Vi?tions, the Commission
repeatedly expressed concern about violenc~ against women, recommending
that Nigeria strengthen its operational and Institutional capacity to address
violence against women by ensuring that cases of violence are properly
investigated and prosecuted and by raising public awareness.
\
v
72. The Cq.B}plaiIlants note that the right to dignity and to non-abuse is also
enshrine~ ~n~ri~b~J?er oHnternatiq,nal human rights instruments, all of which
Nigeria ha~ ratified' 'The Complainants add that States parties to these
instruments,.h~}0~~~.ob~i~~~~nto refrain from committing acts ~f ill-treatment
and to take eff~cfivejudicial-and other measures to prevent, pumsh and redress
~" 'h
such acts.
;'
73.
13