SRHR in the African Human Rights System An

SRHR in the African Human Rights System: An overview Regional Colloquium on SRHR 28 – 29 June 2018 By Nkatha Murungi

Summary of Presentation • Background to the protection of SHRH in Africa • Conceptual frameworks • Normative standards on SRHRs in Africa • Key issues arising • Conclusion and discussion

Background to SRHRs in Africa • • • 1980 – The Adoption of the African Charter on Human and Peoples’ Rights 1990 – African Charter on the Rights and Welfare of the Child 2003 – Maputo Protocol on the Rights of Women 2006 – Continental Policy Framework on Sexual and Reproductive Rights 2009 - Launch of the CARMMA 2014 – General Comments on Article 14 of the Maputo Protocol 2016 – African Disability Protocol 2016 – Maputo Plan of Action 2016 – 2030 2018 - Joint General Comment on Child Marriage

Conceptual Frameworks • Sexual reproductive rights as a set of rights • The components of SRHR • Health • Non-discrimination • Protection of dignity • Expression • Information • Education – age appropriate, culturally sensitive, involving the community and parents • Reproductive versus sexual rights • The gendered nature and approach to SRHRs

Normative frameworks • Article 16 of the ACHPR – right to the highest attainable standard of health • Reproductive health as the state of complete mental, physical and social wellbeing in relation to the reproductive system and its functions and systems • Maputo Protocol – Article 14 on health and reproductive rights • Components of reproductive and sexual rights • Control over decisions on fertility and child birth (choice) ; contraceptives; protection, information on health status of oneself and of a partner, and education on family planning • Access to safe and legal abortion • Issue – circumscription of SHRH within reproductive and familial context • Inadequacies relating to vulnerable groups of women

Normative frameworks cont…. • ACRWC – right to health, participation, information, development, expression, education, protection from harmful social and cultural practices • Issues – evolving capacities, and autonomy, and agency • Disability Protocol – Article 13(2) requires states parties to take measures to ensure the equal protection of the SRHRs of persons with disabilities, including obtaining free, prior and informed consent • Issue – adaptability and exclusion

Normative frameworks cont. … • Disability Protocol – Article 13(2) requires states parties to take measures to ensure • Equal protection & access to SRHRs by persons with disabilities, • Emphasis on free, prior and informed consent for SRH services • Issues – adaptability, capacity/agency, and inclusion/exclusion • Gap left by Maputo Protocol – a protectionist approach to SHRH of women with disabilities

Normative frameworks cont. . • General Comments No. 1 – GC on article 14(1)(d) and (e) – In relation to HIV • • Recognition of the link between VOW and violation of SRHRs Restatement and elaboration of the obligation of states in respect of family planning, abortion, contraception, etc. . General emphasis on SRHR, not much on the right to health in general • • Self-protection as linked to other rights including education, information, dignity, life etc. General Comment No. 2 – GC on 14(1)(a)(b)(c) and 14(2)(a) & (c) • • Recognition of distinct rights to self-protection and to protection Joint General Comment of the Commission and ACERWC on Child Marriage The role of RECs

Other related AU initiatives and SRHRs • Maputo Plan of Action on SRHR 2016 - 2030 • The Campaign for the Accelerated Reduction of Maternal Mortality in Africa (CARMMA), 2009 • • The AU Campaign to End Child Marriage 2015 Agenda 2063 for Africa’s Development AU Agenda 2040 for Children: towards an Africa Fit for Children AU Human Rights Action Plan – developed starting 2016

Emerging issues • The ‘reproductive’ services bias – overshadowing the other aspects of SRHRs • The traditional values backdrop – hence norms and policies tailored to the heterosexual married adult • • The gendered bias Role of men and boys – policy enablers and barriers Who / which agency is the ultimate custodian of SRHRs at the national level? The ‘health’ effect - medicalization of sexuality Agency, capacity and autonomy Adolescent sexuality Spectrum of services and the full life cycle

Thank you!