The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 82nd Ordinary Session, held virtually, from 25 February to 11 March 2025.
Recalling its mandate to promote and protect human and peoples' rights in Africa under Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
Recalling the provisions of the African Charter, specifically Articles 4, 5, 6, 16, (and 18(3) thereof;
Considering the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Maputo Protocol), particularly Articles 2, 3, 4, 5 (d), 8 (c), (f), 11(3), 13, 14, 17, 22, 23, and 24 a & b thereof;
Reaffirming the fundamental importance of economic, social, and cultural rights enshrined in Articles 14 to 18 and Article 22 of the African Charter and other international human rights instruments;
Recalling General Comment 7 on State Obligations under the African Charter on Human and Peoples’ Rights in the Context of Private Provision of Social Services, adopted in 2022, during the 72nd Ordinary Session of the Commission;
Considering the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the AU Convention on Ending Violence Against Women and Girls (CEVAWG), which collectively affirm the rights to health, non-discrimination, and dignity, it is evident that international and regional frameworks are aligned in their commitment to protecting and promoting the rights of women and girls. These instruments underscore the importance of addressing gender-based violence, ensuring equality, and safeguarding the well-being and dignity of all individuals.
Concerned by widespread reports of obstetric violence across the continent, including physical, verbal, and psychological abuse, neglect, coercion, non-consensual medical procedures, unlawful detention of women post-delivery, and discrimination during childbirth and reproductive healthcare services, which disproportionately affect marginalized and vulnerable women;
Recognizing that obstetric violence a form of gender based violence and discrimination constitutes a violation of human rights, including the right to dignity, the right to freedom from torture, the right to health, and the right to life,;
Acknowledging the need to take urgent measures to combat and eliminate obstetric violence in healthcare settings to ensure that all women have access to, quality maternal and reproductive healthcare services in respect to their dignity;
The Commission:
1. Condemns all forms of obstetric violence, including physical, verbal, psychological abuse, neglect, unlawful detention of women post-delivery, during childbirth, and reproductive healthcare services, and recognizes obstetric violence as a human rights violation and a form of gender-based violence;
2. Tasks the Working Group on Economic, Social, and Cultural Rights in Africa and the Special Rapporteur on the Rights of Women in Africa to develop Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa ;
3. Urges States Parties, civil society, and other stakeholders to collaborate with the Working Group on Economic, Social, and Cultural Rights and the Special Rapporteur on the Rights of Women in Africa by contributing to the process of developing the Guidelines on the Elimination of Obstetric Violence and Promotion of Maternal Healthcare in Africa; and
4. Directs the Working Group on Economic, Social, and Cultural Rights in Africa and the Special Rapporteur on the Rights of Women in Africa to present the Guidelines to the Commission for its consideration and adoption within two (2) years from the date thereof.
Done 11 March 2025
