The General Comments on HIV adopted by the African Commission on Human and Peoples’ Rights as a tool to advance the sexual and reproductive rights of women in Africa

Abstract

The present article examines the contents and importance of the General Comments adopted by the African Commission on Human and Peoples’ Rights on Article 14 (1) (d) and (e) of the Protocol to the African Charter on the Rights of Women in Africa as a tool for advancing women’s rights in the context of HIV. Given that discriminatory practices in all facets of life have continued to limit African women’s enjoyment of their sexual and reproductive rights and render them susceptible to HIV infection, it becomes vital that African governments adopt appropriate measures to address this challenge. The provisions of the Protocol on the Rights of Women in Africa present great opportunities for this to be realized. The radical and progressive provisions of the Protocol will be of no use to women unless policymakers and other stakeholders have a clear understanding of them and are able to implement them effectively. The adoption of the General Comments is a welcome development, and states and civil society groups must maximize it to advance women’s rights.