assault, rape, incest and when the pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus. This provision calls on States to ensure the availability, afford ability, accessibility and quality of sexual and reproductive health care services for women without discrimination on the basis of age, health status, disability, property status or place of residence= . This provision also calls on States to ensure that women are not subject to criminal prosecution and legal sanctions for receiving health services reserved for them, such as abortion and post-abortion care.t? , 121. In the present case, the Commission notes that the Complainants do not provide the details necessary to conclude that this right has been violated. In particular, they have allegedly provided information showing that the costs of health care . "'pf " that the distances are unsustainable in relation to the cost of living in .Nigeria to access health care are not affordable. Nor do the Complainaqts provide arguments that women's reproductive rights such as safe abot-tion are not protected in the cases listed in Article 14.2. a) and c) of the M_fPutoProtocol. ',{, 122. In the absence of all these details, the Commission concludes that Article 14.2. a) and c) has not been violated, On the violation of the right to dignity and theirlght not to be subjected to torture or cruel, inhuman and degrading treatment 123. The right to dignity and the right not to be subjected to torture or cruel, inhuman and degrading treatment is guaranteed by~:Article5 of the Charter which states as follows "Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of) his legal status. All forms of exploitation and degradation of man, in particular slavery, trafficking in persons, physical or moral torture, and cruel, inhuman er. degr,ading treatment or punishment, shall be prohibited. 124. Human dignity is a fundamental right that all human beings must enjoy without discrimination of any kind, irrespective of their mental capacities or disabilities, as the case may be40 . For this reason, in Purohit and Moore v Gambia, the Commission considered it as a natural right which every human being is obliged to respect, by all means, and which also confers on every human being the duty to respect it.41 #';. 0 .... UMAI',,, 7~''''''~ c.~{1 ARI4r "'tJ ~ 125. The provisions ,of Article 5 of the African Charter sugThSf~t ,,<:)'r-ture0 «" inhuman or degrading treatment is one of the acts that 1jd t t~ ;Vila i~ ~ right to dignity. In this sense, the Commission consider~tIw di' - ~ is -< ept around which the prohibition of torture, cruel, inhuma ~l\", h~ tfea ent J , <i'.r,v" c, "1'\14fflICI>.~ 38 African Commission on Human and Peoples~ Rights, General Comment No.2 on (J!&1#Efftli and Article 14. 2 (a) and (c) of the Protocol to the African Charter on Human and People Women in Africa, para 29 39 Idem, para 32 40 Communication 41 Communication 241/01 - Purohit and Moore v The Gambia (2003) ACHPR para 57 241/1- op.cit, para 57 23 Q""~ <fJ '" c) and (f) n the Rights of

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