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

all its manifestations, including gender based violence, through the development
and implementation of gender responsive legislation, policies, programmes and
projects. 102 The Protocol on Gender defines discrimination holistically in a
manner that emulates the Women’s Convention and the Protocol on the Rights of
Women. 103
[28] The Southern African Community Protocol on Gender is both a bill of rights as
well as a plan of action in that it provides that by 2015, Member States shall have
enshrined gender equality in their constitutions and shall ensure that
constitutionally guaranteed gender rights are not compromised by any contrary
provisions, laws or practices. 104 By 2015 member states are required to have
reviewed their legislation and rendered it where necessary consonant with the
equality and non-discriminations norms of the Protocol. 105 The objective behind
this obligation is both to fill in gaps in human rights protection as well as outlaw
existing discriminatory norms that are contrary to gender equality such norms
emanating from customary, religious and other laws. The Protocol makes this
clear through other provisions that, for example, require member states to
recognize the equality of genders under customary law. 106
[29] The Protocol on Gender has several provisions that impact on sexual and
reproductive rights directly or indirectly. The provisions are aimed at
complementing rather than detracting from respecting, promoting and
protecting sexual and reproductive health as developed in international and
regional treaties, and consensus documents. The Protocol defines ‘sexual and
reproductive rights’ in a manner that is aimed at facilitating rather than
restricting the respect, protection and fulfillment of sexual health. Under the
Protocol sexual and reproductive rights mean the following:
the universal rights relating to sexuality and reproduction, including the right to
sexual autonomy, sexual integrity and safety of the person, the right to sexual
privacy, the right to make free and responsible reproductive choices, the right to
sexual information, based on scientific enquiry, and the right to sexual and
reproductive health care. 107
[30] Article 9(g) of the Southern African Community Treaty provides for the
establishment of a tribunal that has the jurisdiction to interpret the provisions of
102 Article 3(a) ibid.
103 Article 1 of the SADC Protocol on Gender defines discrimination as ‘any distinction, exclusion or
restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise, by any person of human rights, and fundamental freedoms in the political, economic, social,
cultural, civil or any other field’.
104 Article 4(1) ibid.
105 Article 6(1) ibid.
106 Article 7(a) and (b) ibid.
107 Article 1 ibid.
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