limitation permissible under section 86 of the Constitution. The right is thus immediately
realisable.
This position codifies the international position which Zimbabwe ascribes to, by virtue of its
ratification of the United Nations Convention on the Rights of the Child (UNCRC) and the
African Charter on the Rights and Welfare of the Child (ACRWC). The UNCRC in Article 24(1)
provides for the right to health as follows:
“States Parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health.
States Parties shall strive to ensure that no child is deprived of his or her right of access to
such health care services.”.
The ACRWC provides as follows:
“Article 14: Health and Health Services
1. Every child shall have the right to enjoy the best attainable state of physical, mental and
spiritual health.
2. States Parties to the present Charter shall undertake to pursue the full implementation of
this right and in particular shall take measures:
…
(b) to ensure the provision of necessary medical assistance and health care to all children
with emphasis on the development of primary health care;
…”
It thus follows that the right to health as provided for in both the UNCRC and the ACRWC
include the right to SRHS. Similarly, the right to heath captured in section 81(1)(f) of the
Constitution includes the right to SRHS. The Committee on Economic, Social and Cultural
Rights in General Comment No. 22 on the right to sexual and reproductive health (2016)
states as follows at para 1.1.:
“The right to sexual and reproductive health is an integral part of the right to health
enshrined in article 12 of the International Covenant on Economic, Social and Cultural
Rights. It is also reflected in other international human rights instruments.”
In respect to the latter part, the Committee refers to, among other instruments, the
Convention on the Rights of the Child (1989) articles 23-25 and 27, as providing for that
right, as read together with the Committee on the Rights of the Child (CRC) General
Comment No. 15 on the right of the child to the enjoyment of the highest attainable
standard of health (2013). According to the Committee on Economic, Social and Cultural
Rights:
“49.
States parties have a core obligation to ensure the satisfaction of, at the very least,
minimum essential levels of the right to sexual and reproductive health. In this
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