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General Comments No.1 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

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) is the first international legally binding human rights instrument to recognize the intersection between women’s human rights and HIV. In Article 14 (1) (d) and (e), the Maputo Protocol lays down women’s right to self-protection and to be protected from HIV infection, as well as their right to be informed of their HIV status and the HIV status of their partners in accordance with international standards and practices in force. As such, the Maputo Protocol is therefore, in practice, an important tool towards the alleviation of the disproportionate effect of the HIV pandemic on the lives of women in Africa. Even though considered as a landmark, the provisions of the Maputo Protocol on HIV are not very explicit on the measures to be taken by States Parties to ensure the full implementation of women’s rights to sexual and reproductive health. In order to meet this objective, the African Commission on Human and Peoples’ Rights (the Commission) adopted these General Comments on Article 14 (1) (d) and (e) at its 52nd Ordinary Session held from 9 to 22 October 2012 in Yamoussoukro, Côte d’Ivoire.

Guidance for prosecutors on HIV-related Criminal Cases

This guidance document therefore presents 10 key principles that should assist prosecutors in handling a prosecution – or potential prosecution – involving an allegation of HIV non-disclosure, exposure or transmission. Each principle is accompanied by a more detailed commentary examining the specific application of the principle by prosecutors in the course of their handling of a potential or ongoing prosecution. Each principle and its accompanying commentary is grounded in a consideration of the best available scientific evidence, applicable international human rights standards, as well as the widely-agreed professional standards governing the function of prosecutors within the criminal justice system.