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Compendium of Documents and Cases on the Right to Health Under the African Human Rights System

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Compendium of Documents and Cases on the Right to Health Under the African Human Rights System Compendium of documents and cases on the right to health under the African human rights system Compendium of documents and cases on the right to health under This publication aims at ensuring easy accessibility to cases and materials on the right to health in Africa. The publication contains decisions, resolutions, declaration and cases by the AU or the African Commission dealing with the right to health under the African Human Rights system. It is aimed at assisting scholars, researchers, students, lawyers, judges and others who are interested in researching on the right to health, including sexual and reproductive health and Compendium of documents and rights, in Africa. Equally, regional human rights bodies such as the cases on the right to health under African Commission and national human rights institutions will find this publication useful to their work. the African human rights system Edited by Ebenezer Durojaye & Gladys Mirugi-Mukundi A place of quality, a place to grow, from hope to action through knowledge Compendium of Documents and cases on the right to health under the African Human Rights System 2013 Compendium of documents and cases on the right to health under the African Human Rights System i Acknowledgements The authors are grateful to Bello Ayodeji for providing the background research leading to this publication. This publication is made possible through the generous financial support provided by the Ford Foundation. The opinions expressed in this publication do not reflect that of Ford Foundation. Citation To be cited as: Ebenezer Durojaye and Gladys Mirugi-Mukundi. 2013. Compendium of documents and cases on the right to health under the African human rights system. Published by the Community Law Centre, University of the Western Cape, Private Bag X17, Bellville, 7535, South Africa ISBN: 978-0-86808-746-7 Production: Fiona Adams, Cape Town, 021 6718448 Typeset in Garamond Printed by Mega Digital Compendium of documents and cases on the right to health under the African Human Rights System ii Contents Introduction 1 A Human Rights Instruments 3 A1 African Charter on Human and Peoples' Rights (Banjul Charter) (1981) 4 A2 African Charter on the Rights and Welfare of the Child (1990) 13 A3 Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (2003) 24 B African Union Decisions, Resolutions and Declarations on Health 35 B1 Resolution on Health, Sanitation and Nutrition (1963) 36 B2 Resolution on the Programme of Essential Medicines for Children and their Mothers (1988) 37 B3 Resolution on the AIDS Epidemic in Africa: Progress Report and Guidelines for Action (1993) 38 B4 Tunis Declaration on AIDS and the Child in Africa (1994) 39 B5 Lomé Declaration on HIV/AIDS in Africa (2000) 41 B6 Decision on the Report of the Sixth Conference of African Ministers of Health (CAMH 6) Held from 18–21 October 1999 in Cairo, Egypt (2000) 43 B7 Decision on the Declaration of the Period 2001–2010 as the OAU Decade f or African Traditional Medicine (2001) 44 B8 Abuja Declaration on HIV/AIDS, Tuberculosis and other Related Infectious Diseases (2001) 45 B9 Solemn Declaration on Gender Equality in Africa (2004) 49 B10 Decision on AIDS Watch Africa (AWA) and the Implementation of the Abuja and Maputo Declarations on Malaria, HIV/AIDS, Tuberculosis and Other Related Infectious Diseases in Africa (2004) 52 B11 Decision on the Interim Report on HIV/AIDS, Tuberculosis, Malara and Polio (2005) 53 B12 Abuja Call for Accelerated Action Towards Universal Access to HIV and AIDS, Tuberculosis and Malaria Services in Africa (2006) 54 B13 Sexual and Reproductive Health and Rights: Continental Policy Framework (2006) 61 B14 Maputo Plan of Action for the Operationalistion of the Continental Policy Framework for Sexual and Reproductive Health Rights, 2007–2010 (2006) 84 B15 Africa Health Strategy: 2007–2015 (2007) 98 B16 African Ministers of Health Johannesburg Declaration (2007) 117 B17 Call for Accelerated Action on the Implementation of the Plan of Action Towards Africa Fit for Children (2008–2012) 119 Compendium of documents and cases on the right to health under the African Human Rights System iii B18 Johannesburg Declaration of the Sixth Ordinary Session of Our General Assembly of the African Population Commission (2007) 127 B19 Decision on the Progress Report on the Implementation of the Commitments of the May 2006 Abuja Special Summit on HIV/AIDS, Tuberculosis and Malaria (ATM) (2008) 130 B20 Decision on the report on the Promotion of Maternal, Infant and Child Health and Development in Africa (2008) 131 B21 Decision on Promotion of Maternal, Infant and Child Health and Development – DOC. EX.CL/380 (XII) (2008) 132 B22 Decision on the Report of the Implementation Status of Decision Assembly/AU/Dec.204 (XI) on Promotion of Maternal Infant and Child Health and Development in Africa 134 B23 The Road Map for the African Women’s Decade: 2010–2020 (2009) 135 B24 Five-year Review of the Abuja Call for Accelerated Action Towards Universal Access to HIV/AIDS, Tuberculosis and Malaria Services by 2010 Progress Report 2006–2010 (2010) 152 B25 Decision on the Support of a Draft Resolution at the Sixty Sixth Ordinary Session of the General Assembly of the United Nations to Ban Female Genital Mutilation in the World (2011) 181 B26 Decision on Progress Report on Maternal, New Born and Child Health (2012) 182 B27 Declaration on the Report of AIDS Watch Africa (AWA) Action Committee of Heads of State and Government (2012) 183 B28 Implementation of the Abuja Call for Accelerated Action Towards Universal Access to HIV/AIDS, Tuberculosis and Malaria Services (2013) 185 C Resolutions and General Comments of the African Commission on Human and Peoples’ Rights on Health 203 C1 53: Resolution on the HIV/AIDS Pandemic – Threat Against Human Rights and Humanity 204 C2 110: Resolution on the Health and Reproductive Rights of Women in Africa 205 C3 135: Resolution on Maternal Mortality in Africa 206 C4 141: Resolution on Access to Health and Needed Medicines in Africa 209 C5 163: Resolution on the Establishment of a Committee on the Protection of the Rights of People Living With HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV 211 C6 172: Resolution on the Appointment of Members of the Committee on the Protection of the Rights of People Living With HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV 213 C7 220: Resolution on the Extension of the Mandate of the Committee on the Protection of the Rights of People Living with HIV (PLWHIV), and Those at Risk, Vulnerable to and Affected by HIV in Africa 214 C8 General Comments on Article 14(1)(d) and (e) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2012) 215 Compendium of documents and cases on the right to health under the African Human Rights System iv D Decisions of the African Commission 221 D1 Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah / DRC (1995) 222 D2 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interights (on behalf of Ken Saro-Wiwa Jnr.) / Nigeria (1998) 226 D3 Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project / Nigeria (1998) 236 D4 Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l’Homme and RADDHO, Collectif des veuves et ayants-Droit, Association mauritanienne des droits de l’Homme/Mauritania (2000) 244 D5 Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) / Nigeria (2001) 260 D6 Purohit and Moore/Gambia (The) (2003) 270 D7 Democratic Republic of Congo / Burundi, Rwanda, Uganda (2003) 280 D8 Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) / Sudan (2009) 292 Compendium of documents and cases on the right to health under the African Human Rights System v Compendium of documents and cases on the right to health under the African Human Rights System vi Introduction Africa is faced with different health challenges ranging from the devastating effects of the HIV/AIDS pandemic, high maternal mortality, deaths resulting from tuberculosis to incessant cases of malaria. Today, African remains the burden bearer of sexual and reproductive ill health. While the region accounts for about 15% of the world’s population, it is home to about 70% of the total number of people living with HIV.1 According to UNAIDS, about 23 million out of the 34 million people living with HIV worldwide are from Africa.2 Moreover, the region accounted for about 70% (1.2 million) of the 1.7 million AIDS-related deaths in 2011. Worse still, a recent report by PLAN International indicates that ten of the worst places for a woman to give birth in the world are in Africa.3The maternal mortality rates in some countries such Chad and Somalia are about 1, 000 deaths to 100,000, live births.4 Indeed, the lifetime risk of a woman giving birth in Africa is put at 1 in 39 compared to 1 in 3, 600 in a country such as Malta. In recent times, maternal death in the region has been exacerbated by the prevalence of HIV/AIDS. The maternal mortality situation in the region is appalling and many of the countries in the region may not meet the MDG 5 target to reduce maternal deaths from 1990 rates by 75% by 2015. Despite concerted efforts to address its menace, malaria remains threats to lives in the region and deaths resulting from tuberculosis continue to increase by leaps and bounds.
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