WUNRN
PROTOCOL TO THE AFRICAN CHARTER ON
HUMAN RIGHTS AND PEOPLES'
RIGHTS ON THE RIGHTS OF WOMEN IN
AFRICA
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(2008)
52 (1) Journal of African Law. April 2008 pp 43-65
Ebenezer Durojaye
ADDRESSING HUMAN RIGHTS CONCERNS RAISED
BY MANDATORY HIV TESTING OF PREGNANT WOMEN THROUGH THE PROTOCOL TO THE
AFRICAN CHARTER ON THE RIGHTS OF
WOMEN
ABSTRACT:
This
article considers the importance of preventing mother to child
transmission of HIV in Africa. It argues, however, that any approach
to achieving this aim must be consistent with respect for human
rights. In particular, it argues that mandatory HIV testing of pregnant
women
violates their rights to autonomy, health and reproductive care,
and
non-discrimination, all guaranteed in the Protocol to the African
Charter
on the Rights of Women, and other international and regional
human
rights instruments.
It
concludes by arguing that respect for women's human rights should
form
the fulcrum for any call for mandatory or routine HIV testing
of
pregnant women in Africa.
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