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

EXECUTIVE SUMMARY
1 INTRODUCTION
1.1 The aim of this study is to map jurisprudence emanating from the WHO African
region with a focus on jurisprudence that has a direct or indirect bearing on
sexual health. Given the vast number of countries that make up the WHO
African region, the study does not attempt to capture the jurisprudence of every
country in this region. Rather, it focuses on mapping jurisprudence that is broadly
representative of the WHO African region. In this regard, twelve African
countries have been selected. These are: Cameroon, Eritrea, Ethiopia, Kenya,
Lesotho, Malawi, Nigeria, South Africa, Tanzania, Uganda, and Zimbabwe. The
criteria for selecting these countries are explained in Chapter 1 of this study. The
study is not however, solely confined to these countries. The study also draws
from countries that are outside the twelve countries for the purposes of
illustrating trends or gaps.
1.2 The African region displays a mixed picture regarding the development of sexual
health jurisprudence. It has strengths but also weaknesses and many gaps. On
the positive side, African countries have generally been ready and willing to
ratify United Nations human rights instruments that impact on sexual health,
including the Covenant on Civil and Political Right, the Covenant on Economic,
Social and Cultural Rights, the Women’s Convention and the Children’s
Convention. Furthermore, the postcolonial period has seen the African region
develop its own regional human rights system. Though the system established
under the African Charter on Human and Peoples’ Rights is the most significant
system but there are also promising sub-regional developments.
1.3 The African Charter, which guarantees both civil and well socio-economic rights,
including the right to health, has potential to realize sexual rights in a holistic
manner. The African Children’s Charter and the African Women’s Protocol are
important additions to the African Charter. The African Women’s Protocol, in
particular, is highly receptive to the recognition of sexual health as a human
right. The relatively recent addition of an African Court of Human Rights to the
treaty bodies of the African Charter signals an intention to augment regional
human rights protections and so does the transformation of the Organization of
African Unity into the African Union.
1.4 Also on the positive side are African domestic constitutions. In the postcolonial
period, African jurisdictions have invariably adopted written constitutions as
supreme law of the land. African constitutions have generally been inspired by
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