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

elevant to the conception of the right to health generally under the
African Charter though not to sexual health specifically.
• Social and Economic Rights Action Centre (SERAC) and Another v Nigeria
(2001) AHRLR 60 (ACHPR 2001): The African Commission held that
exploitation of oil in a part of Nigeria by oil companies but with no regard
to the health and environmental consequences for local communities,
constituted, inter alia, a violation of the following provisions of the
African Charter: article 4, which guarantees a right to life; and article 16,
which guarantees a right to the best attainable state of physical and mental
health. Again, this case, like the Purohit case, is only relevant to sexual
health in an indirect way. The case suggests an awareness, on the part of
the African Commission, about the holistic nature of health as a human
rights under international human rights jurisprudence, and a willingness
to adopt such a holistic approach under the African Charter.
[14] The African Charter on the Rights and Welfare of the Child (African Children’s
Charter) 29 is supervised by the Committee on the Rights and Welfare of the
Child 30 whose mandate is to, inter alia, promote and protect the rights in the
Charter and to monitor the implementation of the rights in the Charter. 31 The
Committee may receive communications from any person, group, or Non
Governmental Organizations. Provisions of the African Children’s Charter that
have a bearing sexual health include, but are not limited to:
• equality and non-discrimination; 32
• privacy; 33
• education; 34
• best attainable state of physical, mental and spiritual health; 35
• protection against abuse; 36
• protection against harmful social and cultural practices; 37
• protection against sexual exploitation; 38
• and protection against sale, trafficking and abduction. 39
The Committee on the Rights and Welfare of the Child has yet to develop its own
jurisprudence.
29 Adopted on 11 July 1990 and entered into force on 29 November 1999.
30 Article 32 of the African Children’s Charter.
31 Article 42 ibid.
32 Article 3 ibid.
33 Article 10 ibid.
34 Article 11 ibid.
35 Article 14 ibid.
36 Article 16 ibid.
37 Article 16 ibid.
38 Article 27 ibid.
39 Article 29 ibid.
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