Government Pleads the Political Question as maternal health Petition is heard
Government has asked Constitutional Court not to hear the maternal death case saying it raises political issues concerning the budget and the allocation of resources.
Ms Patricia Mutesi, a representative from the Attorney General’s office said the issues concerning budget and allocation of government resources are reserve of Cabinet and parliament.
Ms Mutesi said Court has no jurisdiction to hear and determine issues which are supposed to be determined by the executive and parliament. She added that review government’s policies and performance in the health sector is a reserve of cabinet and parliament.
The Centre for Health Human Rights and Development’s executive director Mr Moses Mulumba says; ” We are not in court for a political discussion. What brings us to court is the interpretation of the constitution regarding the governments failure in it’s obligations to provide for basic maternal health commodities in it’s health centers.” However, Court to give its ruling on notice.
The activists took government to Court challenging the non provision of the basic health maternal facilities in government hospitals and unethical behavior of health workers towards expectant mothers which leads to high maternal death rate.
Many of concerned women, men, medical practitioners, stormed the Constitutional Court to hear a case filed against government’s high maternal deaths.The petitioners want court to compel government to compensate families of mothers who have died due to negligence of health workers and none provision of basic maternal health care packages and be compensated because of rights violation.
The activists represented by Kabanda and company advocates took government to court challenging the non provision of the basic health maternal facilities in government hospitals and unethical behavoiur of health workers towards expectant mothers which leads to high maternal death rates since many expectant mothers die each day during child birth.
Mr. Kabanda David who was representing the activists said that a committee was set to implement the right to health. The effect that health is a fundamental human right implies that it is indispensable for the expense of other human rights. The right to maternal, child and reproductive health has to be provided for.
They asked Court to declare the acts of the government unconstitutional.