An International Human Rights-Based Approach To Reducing Maternal Mortality And Enhancing Safe Motherhood In Africa

Authors

John Mukum Mbaku, Weber State University

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Article

Abstract

In 2015, the U.N. General Assembly (UNGA) noted that almost fifteen years after the global community had agreed to the Millennium Development Goals (MDGs), which provided an important framework for economic and human development, significant progress has been made in several areas. However, the UNGA explained that many developing countries have not been able to achieve the MDGs, especially those goals related to maternal and reproductive health. Although the global maternal mortality rate has declined significantly, only 50% of pregnant women in developing countries receive the recommended minimum of four antenatal care visits. Additionally, complications suffered during pregnancy and childbirth have emerged as a major cause of death in adolescent girls. Although the right of African women to maternal health and safe motherhood is guaranteed by various international and regional human rights instruments and several national constitutions, high maternal mortality rates remain a major challenge throughout the continent. In addition, many African women, especially those who are ethnic and religious minorities, those with disabilities, those living with HIV, and those who are trapped in extreme poverty, are often subjected to forced, coerced and involuntary sterilization. While there are many factors that contribute to these violations of the African woman’s right to maternal health, discrimination against women, especially in access to healthcare services, and the failure of African governments to provide women within their jurisdictions with well-equipped and fully functioning healthcare facilities, are the most important. Ensuring that African women are able to realize their right to maternal health and safe motherhood requires the cooperation of all stakeholders, including policymakers, the judiciary, and civil society organizations. First, African States should sign, ratify and domesticate all the international and regional human rights instruments that enshrine and guarantee women’s right to health. Second, they should ensure that their domestic laws, including their constitutions and statutory and customary laws, conform to the provisions of international human rights instruments. Finally, each African State should provide itself with a governing process undergirded by separation of powers with checks and balances, with an independent judiciary being one of those checks and balances. Courts are an essential institution for the protection of women’s right to maternal health and safe motherhood. For example, courts can provide aggrieved individuals the wherewithal to peacefully resolve issues involving the violation of their rights. Through this adjudicative process, courts can also declare null and void, statutory and customary laws that violate constitutional provisions and/‌or provisions of international and regional human rights instruments. The legislative branch can then cure the defect in the impugned provisions of domestic laws.

Recommended Citation

John M. Mbaku, An International Human Rights-Based Approach To Reducing Maternal Mortality And Enhancing Safe Motherhood In Africa, 27 San Diego Int'l L.J. 1 (2025)
Available at: https://digital.sandiego.edu/ilj/vol27/iss1/2