USING REPRODUCTIVE JUSTICE TO LITIGATE THE RIGHT TO HAVE A CHILD IN THE AFRICAN REGION: A Focus on Maternal Mortality
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The paper is divided into four main parts; The first part is the introduction which provides the background to the paper and overview of the main arguments. The second part lays out the conceptual framework for the human rights-based
approach to litigating maternal death and its application at the international, regional and domestic level. The third part explores the normative framework of a human rights approach when it is inflected with a reproductive justice approach. This part explains the juridical significance of the reproductive justice approach and the value it brings to litigating maternal mortality not as a replacement of, but an adjunct to, a human rights-based approach. It is argued that a reproductive justice approach is an important and transformative addition to human rights tools for addressing maternal mortality. This mainly because it is an approach that goes beyond what happens within the health care system. A reproductive justice approach is concerned with providing broader solutions for responding to maternal mortality by eradicating the social factors that produce inequalities that underpin preventable maternal mortality and achieve substantive equality. The fourth part of the paper is the conclusion
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