The first decision of the African Commission on maternal mortality : Community Law Centre and Others v Nigeria

Abstract

This contribution examines the first decision of the African Commission on Human and Peoples’ Rights under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Protocol), specific to the issue of maternal mortality. The discussion examines the issues raised in this Communication, and the findings of the African Commission in relation to admissibility and merits. More importantly, it evaluates the reasoning of the African Commission in relation to the decision on the merits, especially the reasons for the Commission’s finding that the actions and non-action of the Nigerian government did not constitute a violation of any of the rights under the African Charter and the African Women’s Protocol. The authors contend that the Commission adopted a restrictive and retrogressive approach to the interpretation of the African Charter and the African Women’s Protocol. Furthermore, the authors note that the Commission missed an opportunity to contribute to jurisprudence on sexual and reproductive health, including maternal health guaranteed in the African Women’s Protocol. It concludes by reflecting on the implications of this decision for future litigation on sexual and reproductive health and rights on the continent, particularly for the work of civil society and other stakeholders advocating for sexual and reproductive health and rights and other rights under the African Women’s Protocol.