Beyond reproductive rights: implementing the Africentric reproductive justice framework in sexual and reproductive health and rights litigations in Africa.

Abstract

This paper analyses emerging trends in judicial approaches to sexual and reproductive health and rights (SRHR) in Africa, arguing for a paradigm shift from the conventional rights-based framework that emphasises "choice" to an Africentric Reproductive Justice framework (ARJ). It employs a qualitative research design, combining a literature review with an in-depth analysis of eight purposively selected SRHR court cases from African countries and the United States to examine how recent judicial decisions reflect a growing integration of reproductive rights with broader social justice issues. The proposed ARJ framework is grounded in the reproductive justice theory, incorporating conceptual principles of decoloniality and Africentrism, which emphasises amplifying positive African narratives, leveraging African-based judicial institutions, involving civil society organisations, and empowering African individuals to engage with judicial systems for reproductive justice. This approach addresses intersectionality, race, class, gender, and socioeconomic status in SRHR issues in Africa. The findings demonstrate that African courts are increasingly balancing competing rights and interests in culturally sensitive ways, reflecting an evolving understanding of reproductive justice in African contexts. This paper concludes by arguing that achieving genuine reproductive justice necessitates moving beyond the "right to choice". It requires deconstructing enduring structural barriers and addressing historical injustices perpetuated by colonial legacies, and the ARJ framework, rooted in decolonial principles, presents a holistic, context-specific approach towards achieving equitable SRHR for all individuals on the continent.