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

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[53] Among the surveyed countries, South Africa is the only jurisdiction that which has adopted policy to supply condoms to prisoners. 816 In an unreported case – W and Others v Minister of Correctional Services, 817 a High Court ordered the Department of Correctional Services to supply condoms to prisoners as part of a broader order relating to the obligations of Department towards prisoners. 6.8 CONCLUSIONS [54] The African Charter, the African Children’s Charter and the African Women’s Protocol on the Rights of Women provide good edifices for the development and implementation of a right to health services for the realization of sexual health at the domestic level. However, domestic constitutions and legislation have generally not followed suit. [55] The South African Constitution provides instructive models for respecting, protecting and promoting access to health services. Section 27 of the South African Constitution which guarantees everyone a right to health services is modeled after the Convention on Economic, Social and Cultural Rights. Section 27 has been interpreted and applied in a progressive manner by the Constitutional Court of South Africa. [56] Though access to contraceptive products and services is promoted by all African countries, there are generally no human rights frameworks to ensure accessibility for women and adolescents. [57] The South African Children’s Act of 2003 is the only example of a serious attempt to comply with state obligations under the Children’s Convention and the African Children’s Charter in relation to access to health services by children at the domestic level. It is also the only example of a domestic attempt to clearly address the contraceptive needs of adolescents as well as their needs for HIVrelated testing and counseling. 816 Department of Correctional Services Management Strategy: AIDS in Prison. Provision of Condoms to the Prison Population (2002) section 6. However, the policy of supplying condoms to prisoners does not in practice translate into accessibility in all its manifestation as envisaged by General Comment 14 of the Committee on Economic, Social and Cultural Rights: The Rights General Comment 14: The Rights to the Highest Attainable Standard of Health E/C.12.2000/4 (2000). Condoms are not always available or distributed with lubricants. Condoms are distributed in common areas that are within easy sight of wardens and other prisoners: KC Goyer, Saloojee Y, Richter M and Hardy C on behalf of the AIDS Law Project and the Treatment Action Campaign HIV/AIDS in Prison: Treatment, Intervention, and Reform: A Submission to the Jali Commission (2004) 32-33. Available at < www.informaworld.com/index/M124N7M661788V04.pdf >. 817 W and Others v Minister of Correctional Services Case No 2434/96 218
[58] Termination of pregnancy remains highly criminalized in African jurisdictions. South Africa provides an exception to the rule. The South African Choice on Termination of Pregnancy Act constitutes radical reform of abortion in line with the recognition of respect, protection and promotion of sexual and reproductive health as human rights. Ethiopian reform of abortion law is a positive development. [59] Jurisprudence on access to health services by immigrants is generally lacking. However, the decision of the Constitutional Court of South African in Khosa and Others provides a progressive way forward when dealing with entitlements of persons who, though not citizens, are, nonetheless, legally resident in the country. [60] Jurisprudence on access to health services by incarcerated persons is generally lacking. However, South Africa has begun to develop positive standards. The right of incarcerated persons to access health care services is explicitly guaranteed under the South African Constitution. 219
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SEXUAL HEALTH AND HUMAN RIGHTS IN T
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TABLE OF CONTENTS ACKNOWLEDGMENTS
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4.9 Marriage and Sexual Orientation
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9.2 Equality and Non-discrimination
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the Universal Declaration and the C
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3.3 Ages of consent to sexual activ
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and the Sexual Offences Act of Sout
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10.3 Though access to contraceptive
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1 INTRODUCTION TO THE STUDY 1.1 Int
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epresentative. Cameroon and Nigeria
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1.5 African Regional Human Rights S
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• receive information; 18 • bes
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provisions of the African Charter,
Page 27 and 28:
[15] The Protocol to the African Ch
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and the International Covenant on E
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Though Africa has, at least, fourte
Page 33 and 34:
Community has largely not been acti
Page 35 and 36:
said that while the requirement of
Page 37 and 38:
eproductive autonomy. The fact that
Page 39 and 40:
Cairo and Beijing Conferences. 96 C
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the Treaty and to adjudicate disput
Page 43 and 44:
elimination of conflicts, and that
Page 45 and 46:
anchored in development, New Partne
Page 47 and 48:
In respect of the assumption by col
Page 49 and 50:
It is significant that the above ob
Page 51 and 52:
(1) In the interpretation of all la
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primogeniture rule was a violation
Page 55 and 56:
Islamic Shari’ah has become an im
Page 57 and 58:
1.17 Conclusions [62] The African C
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2 EQUALITY AND NON-DISCRIMINATION 2
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• Covenant on Economic, Social an
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Shar’iah leave no room for compat
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The Commission shall also take into
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d) take corrective and positive act
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their children that were born durin
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The Court said that, as far as poss
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We, people of Cameroon, Declare tha
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with respect to that matter which i
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(i) to a fair disposition of proper
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article 7 of the Universal Declarat
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[37] On their own, inheritance or s
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• clearly situate equality and no
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ape. In Fraser v Children’s Court
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2.8 Marital Status and African Char
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[52] The Court said that in giving
Page 91 and 92:
[59] The decision of the Constituti
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Rights ought to be interpreted to p
Page 95 and 96:
[68] It is not just in constitution
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Benin 295 and Burkina Faso 296 Guin
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Botswana in Kanane v The State, 310
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orientation is a protected status i
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[85] In reaching its conclusion tha
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legally sanctified heterosexual heg
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[95] South Africa provides an excep
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[99] Though sexual harassment is a
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(1) Sexual harassment may include u
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the workplaces. The scope of Zimbab
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3 PENALIZATION OF SEXUALITY AND SEX
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him, or attempts to procure the com
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care services, employment, or educa
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Special Provisions Act of 1998 394
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[25] The appellant appealed against
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and female victims. Sixteen years i
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[38] The other side of the argument
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een conducted to ascertain whether
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transmission, the Acts seek to: 1)
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HIV to another person as doing some
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Section 80 of the Zimbabwean Crimin
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4 REGULATION OF MARRIAGE AND THE FA
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of marriage to be eighteen years an
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legislation which sought to reflect
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[16] On the one hand, the Ugandan C
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Offences Act of 1998, prescribes 18
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Though a dying practice, leviratic
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[35] The Women’s Convention requi
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therefore, invalid under the Consti
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of gay and lesbian couples, paved t
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Safiyyatu Husseini 534 an alleged a
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5 VIOLENCE: SEXUAL VIOLENCE AND GEN
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5.2 SEXUAL VIOLENCE: REGIONAL FRAME
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the southern part of Nigeria is rep
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without her consent involving penet
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definition of rape should extend in
Page 167 and 168: human dignity, privacy and freedom
Page 169 and 170: A male person commits the offence o
Page 171 and 172: and if accepted concludes the matte
Page 173 and 174: developing the common law or custom
Page 175 and 176: internal security of the Republic.
Page 177 and 178: constitutional norm of separation o
Page 179 and 180: Children’s Charter, specifically,
Page 181 and 182: (e) maintains or hires a person to
Page 183 and 184: and coordinating with other domesti
Page 185 and 186: psychological abuse; economic abuse
Page 187 and 188: time, the Zimbabwean Act is differe
Page 189 and 190: 5.11 Female Genital Mutilation: Pre
Page 191 and 192: cause prolapsed and vaginal fistula
Page 193 and 194: way of inference, are even more rea
Page 195 and 196: same time, Nigeria has federal poli
Page 197 and 198: designing legislation that is inten
Page 199 and 200: physical and mental health’. 708
Page 201 and 202: [9] Whilst health care facilities m
Page 203 and 204: failed to adopt a reasonable measur
Page 205 and 206: Nigerian constitution make referenc
Page 207 and 208: contraception and other sexual heal
Page 209 and 210: The requirement to obtain consent d
Page 211 and 212: Act of 1967. 782 Under English comm
Page 213 and 214: eligion, belief and opinion 796 and
Page 215 and 216: [42] The Constitutional Court held
Page 217: [49] In EN and Others v The Governm
Page 221 and 222: sexuality. 818 Education must seek
Page 223 and 224: countries. 838 When posited in this
Page 225 and 226: the application of this Act the con
Page 227 and 228: Nigeria 851 and Uganda 852 have sta
Page 229 and 230: 8 SEX WORK 8.1 Introduction [1] The
Page 231 and 232: [7] Like Zimbabwe, Kenya criminaliz
Page 233 and 234: merchant as the merchant is likely
Page 235 and 236: particular as someone who is so mor
Page 237 and 238: discharge its treaty obligations, i
Page 239 and 240: marriages generally recognize marri
Page 241 and 242: emphasis on physical violence as a
Page 243 and 244: [38] Though access to contraceptive
Page 245 and 246: 245
Page 247 and 248: South Africa B and Others v Ministe
Page 249 and 250: Tanzania Chiku Lidah v Adam Omari C
Page 251 and 252: BIBLIOGRAPHY: LEGISLATIVE INSTRUMEN
Page 253 and 254: Guinea Constitution of Guinea of 19
Page 255 and 256: Female Circumcision (Prohibition) L
Page 257 and 258: Togo Constitution of Togo of 1992 L
Page 259: SELECT BIBLIOGRAPHY Banda F Women,
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