(2023) 4 TWAIL Review 60-87
ISSN 2563-6693
Published under a Creative Commons licence. 

This article will explore the extent to which there is a right to access contraception in international law and African regional law, through the CEDAW and the Maputo Protocol. The theoretical right to access contraception will not only be compared but the practical implementation will also be examined – in an attempt to understand the scope of a woman s right to access contraception when applied. This is evaluated through a comparative case study on how the right to access contraception is interpreted by Nigeria and Uganda. Through examining the respective state reports submitted in fulfilment of their CEDAW and Maputo Protocol obligations, this article will draw conclusions on the implementation of contraceptive access in both states. This article uses the lens of third-world feminism to explore the legal pathways to access contraception for African women and thus contributes to a decolonial perspective by highlighting progressive understandings of contraception in African regional law. Amongst the major findings, access to healthcare services directly impacts access to contraception and therefore states should apply intersectional approaches to policy planning and implementation, acknowledging that women are not a homogenous group, in order to promote greater contraceptive access and empowerment. Application of third-world feminism reveals that the Maputo Protocol can be considered more empowering than the CEDAW, though the CEDAW committee has made crucial advances with their general recommendations.