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Explainer: The procedure and fora for filing SRHR cases at a regional level in Africa

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  • Create Date April 3, 2023
  • Last Updated August 16, 2023

Often, the litigation of cases on sexual and reproductive health and rights generally and specifically on reproductive justice is met by untold difficulty. Some of these challenges span from questions surrounding enforceability of rights on one end to enforcement of court decisions on the other hand. In between, there is a host of other issues such as the lack of political will, absence of supporting domestic law, to mention but a few. The answers to the challenges faced during litigation at the domestic level may be found in pursuing litigation at regional and continental levels. Mechanisms have been established both at a continental and regional level through which complaints pertaining to the violation of human rights, including sexual and reproductive health and rights may be instituted. To this end, individuals and organisations may take advantage of these procedures to achieve the protection of human rights on the continent. The table below illustrates the regional and continental avenues through which litigation of sexual and reproductive health and rights may be sustained.