Domestication of the Maputo Protocol in the Democratic Republic of Congo: Leveraging regional human rights commitments for abortion decriminalization and access

The Maputo Protocol, adopted over 20 years ago, is a promising regional treaty for advancing gender equity and sexual and reproductive health and rights. This instrument has driven progress in women's health and rights across Africa, with much remaining to achieve to realize its full potential for women and girls, including access to safe abortion. The present paper shares the strategies and lessons from the Democratic Republic of Congo's (DRC) reform centered on the domestication of the Protocol, specifically applying its commitments on abortion decriminalization and access. With a vision of addressing maternal mortality and rectifying the impacts of widespread sexual violence against women during war, abortion as a human right and health imperative was at the heart of the DRC's reform. Governmental commitment, broad coalition building, evidence generation, and an intersectional advocacy agenda were critical to overcoming opposition, stigma, and other challenges. This paper shares key learnings from the DRC's complex yet collaborative reform strategies and its processes. The strategy prioritized domestication of the Protocol for numerous reforms, including paving the path to legal abortion on the broad grounds of rape or incest, and saving women's health and/or life. With a commitment to maximizing quality, access, task sharing, and equity, progressive national comprehensive abortion guidelines were created alongside an implementation roadmap for accountability. The DRC's experience leveraging the Maputo Protocol's obligations to advance abortion rights and access offers valuable insights for consideration globally.

Expanding access to safe abortion in DRC: charting the path from decriminalisation to accessible care

Access to safe and comprehensive abortion care has the potential to save thousands of lives and prevent significant injury in a vast and populous country such as the Democratic Republic of the Congo (DRC). While the signing of the Maputo Protocol in 2003 strengthened the case for accessible abortion care across the African continent, the DRC has grappled with de jure ambiguity resulting in de facto confusion about women's ability to access safe, legal abortion care for the past two decades. Conflicting laws and the legacy of the colonial penal code created ambiguity and uncertainty that has just recently been resolved through medical and legal advocacy oriented towards facilitating an enabling policy environment that supports reproductive healthcare. A study of the complex - and frequently contradictory - pathway from criminalised abortion to legalisation that DRC has taken from ratification of the protocol in 2008 to passage of the 2018 Public Health Law and subsequent Ministry of Health guidelines for abortion care, is an instructive case study for the international sexual health and reproductive rights community. Through this analysis, health and legal advocates can better understand the interdependence of law and public health and how a comprehensive approach to advocacy that includes legal, systems, and clinical accessibility can transform a country's system of care and the protection of women's rights. In DRC, new legislation and service delivery guidelines demonstrate a path forward towards concrete improvements for safe abortion care.

Research priorities to support evidence-informed policies and advocacy for access to safe abortion care in sub-Saharan Africa

A key obstacle to advocacy efforts to promote legal and policy reforms that ensure women's and girls' access to comprehensive abortion care (CAC) is the lack of relevant and timely evidence. This commentary outlines a research agenda-setting initiative that identified research priorities to support evidence-informed policy and advocacy for CAC access in sub-Saharan Africa (SSA). It involved three phases: 1) a landscape analysis; 2) research agenda co-creation with stakeholders, and 3) a validation exercise on research priorities. Overall, the priority evidence needs included 1) estimating the incidence and magnitude of unsafe abortion and related costs; 2) examining the role of abortion laws and policies in facilitating or inhibiting access to CAC; 3) developing and documenting successful approaches for addressing societal barriers to the provision of CAC, and fostering a more inclusive and liberal abortion environment, and 4) documenting practice-based evidence on the provision of legal abortion services as well as for advocating for CAC. Various stakeholders, including researchers, policymakers, civil society organizations, and funding agencies, will find the agenda useful as they engage, at different levels, for the full domestication and implementation of forward-looking commitments on access to CAC in SSA.

Enhancing the role of health professionals in the advancement of adolescent sexual health and rights in Africa

To realize adolescents' right to sexual health, state parties' implementation of the obligations stipulated under Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa should reflect the key principles of the rights of the child, articulated under the Convention on the Rights of the Child and the African Charter on the Welfare and Rights of the Child. However, societal norms that stigmatize adolescent sexual conduct constitute barriers to adolescents' sexual health care, including their access to contraceptives to avoid unwanted pregnancies and protect themselves from STIs and HIV. States should sensitize and train health professionals to provide sexual health services and care in accordance with the principles of the rights of the child, and create enabling laws and policies to facilitate their work with adolescents.

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

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.