sexual health and human rights in the african region - The ICHRP

6 ACCESS TO HEALTH SERVICES RELATED TO SEX AND
SEXUALITY
6.1 Introduction
[1] Access to health services is an important variable in the realization of sexual
health. Lack of access to condoms undermines prevention of the spread of
sexually transmitted infections, especially in a region such as the African region
where HIV is endemic. Lack of access to contraception diminishes choice in
decision making about sexual activities and can lead to unwanted pregnancies.
The criminalization of abortion impacts negatively on sexual autonomy to the
extent that it has the practical effect of equating sex with procreation and
denying the reality of the recreational dimension to sex. Laws or policies that
exclude certain social groups from access to health care services on the basis of
status such as HIV status or sexual orientation constitute violations of the rights
to equality and non-discrimination, health and human dignity.
[2] When determining the extent to which domestic health services are human rights
compliant, the cardinal benchmark must be accessibility in all its manifestations.
Health services must be available according to need. General Comment 12 of the
Covenant on Economic, Social and Cultural Rights 706 and General
Recommendation 24 of Committee on the Women’s Convention 707 have
contributed immensely to the elucidation of accessibility as a necessary element
of the right to health. Accessibility must mean health services that are nondiscriminatory
and attuned to the needs of a class that has been historically
disadvantaged. It means services that are available, and are accessible physically,
economically, and in terms of being known by social groups and persons who
need them (information accessibility). Equally, accessibility means services that
are rendered using methods and practices that are safe and ethically acceptable
to those who need them.
6.2 African Charter-based Framework
[3] Article 16 of the African Charter guarantees the right to the ‘best attainable state
706 Committee on Economic, Social and Cultural Rights General Comment 14: The Rights to the Highest
Attainable Standard of Health E/C.12.2000/4 (2000).
707 Committee on the Women’s Convention General Recommendation 24 on Women and Health UN
GAOR Doc.No. A.54/38/Rev.1.
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