of all children under their jurisdiction.87 Pertinent to this Communication are provisions
mandating ‘appropriate health care for expectant and nursing mothers’.88 and the
development of ‘preventive health care and family life education and provision of
services.’89 The Committee has also developed a General Comment on Sexual
Exploitation, and a Joint General Comment with the African Commission on Child
Marriage, which further outline the scope of girls’ rights to sexual health services and
protection.
78. The Maputo Protocol defines its scope of application as including girls.90 Article 14 of
the Protocol outlines States’ obligations regarding girls’ rights to health and
reproductive rights and General Comment No. 2 of the African Commission further
elaborates on these obligations.91 These rights include ‘the right to control their fertility,
the right to decide the number of children and the spacing of children, the right to
choose any method of contraception, and the right to have family planning
education.’92 This is also stipulated in aspirations 4 and 6 of Agenda 2040, as well as
target 3.7 of the United Nations’ Sustainable Development Goals (SDGs).
79. The relevant criteria for measuring the performance and implementation of healthcare
obligations are availability, accessibility, acceptability, and quality.93 These criteria are
implicated differently in the context of the provision of child-friendly services and
extend to include the provision of safe, and confidential abortion services.94
80. The Respondent State is under a duty to facilitate a safe and supportive environment
for adolescents with an emphasis on the duty of schools in this regard.95 This includes
ensuring sufficient access to information, skills development, counselling, and health
services, particularly in terms of the provision of sexual and reproductive health
information and services.96 This should be premised on fostering ‘positive and
supportive attitudes towards adolescent parenthood’ and developing ‘policies that will
allow adolescent mothers to continue their education.’97
81. The Committee agrees with the African Commission that the right to health includes
the right to control one’s health and body and the right to be free from interferences.98
87 Article 14 of the ACRWC.
88 Article 14(2)(e) of the ACRWC.
89 Article 14(2)(e) of the ACRWC.
90 Article 1(k) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women
in Africa, 25 November 2005.
91 General Comment No. 2 on 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.
92 As above, 2.
93 UNCRC, General comment No. 15 (2013) on the right of the child to the enjoyment of the highest
attainable standard of health (art. 24), para 112.
94 General Comment No. 2 on 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 53.
95 UNCRC, General comment No. 4 (2003): Adolescent Health and Development in the Context of the
Convention on the Rights of the Child, para 13-16.
96 As above, para 24.
97 As above.
98 ACHPR, Communication 379/09: Monim Elgak, Osman Hummeida, and Amir Suliman (represented by
FIDH and OMCT) v Sudan (2015) para 134.
JN
31