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Supreme Court to deliver Judgment on Maternal Health Rights in Uganda

The Supreme Court of the Republic of Uganda is on Friday 30th October, 2015 at 9.30a.m expected to deliver Judgment on whether maternal health rights are justifiable in Uganda.

In a case filed by the Center for health, Human Rights and Development (CEHURD), Mr. Inziku Valenti, and Ms. Rhoda Kukiriza against the government of Uganda, the petitioners sought remedies for non-provision of basic maternal health commodities in public health facilities in Uganda that led to death of their loved ones.

CEHURD and its co-petitioners argued that the public are affected by the non-provision of basic maternal health commodities in government health facilities, and that the imprudent and unethical behavior of health workers towards expectant mothers was unconstitutional and an abuse of poor women’s rights to access health services.

The petitioners relied on evidence that;

  1. The death of a one Sylvia Nalubowa (daughter of Ms. Rhoda Kukiriza) in Mityana hospital due to non-availability of the basic maternal health kits in the district hospital and the unethical behavior of the health workers towards her violated her constitutional right to life and health.
  2. The death of Anguko Jennifer (wife to Mr. Inziku Valente) in a regional referral hospital in Arua also due to non-provision of the basic maternal health commodities and the reluctance of the health workers towards this expectant mother leading to her death was an infringement of her rights to life and health guaranteed under the constitution of Uganda.
  3. Non provision of the basic maternal health commodities to expectant mothers (evidence gathered from community health facilities) and the failure on the part of health workers to exercise the requisite health care leads to death of children hence an infringement of their rights guaranteed under the Articles 22, 33 and 34 of the constitution.

The constitutional Court absconded from hearing the merits of the case on a preliminary objection raised by the attorney General’s Lawyer that the Court did not have the authority to handle matters of that gravity. The court was of the opinion that the issues the petitioners had put to court were of a political nature that necessitated the intervention of the Executive to allocate resources to the health sector and none of courts business to intervene.

As a matter of fact and law, CEHURD, Ms. Rhoda Kukiriza and Mr. Izinku proceeded to appeal that decision to the Supreme Court on the basis that the Constitutional Court erred in law in refusing to listen to the merits of the case. It is this decision that Court will be making Judgment on Friday 30th October, 2015 at the Supreme Court of Uganda.

The Judgment is particularly important because the Ugandan Constitution does not provide for a right to health and in addition makes no commitments or priorities for health financing for primary health care for Ugandans from a legal perspective.

High-Court

Safe delivery, a reverie for Uganda; Child theft at the peak.

By Nakibuuka Noor Musisi,

Until proper and well-coordinated systems are in place, safe delivery is likely to remain a dream in Uganda. When reports are made about child theft within health care systems, one can think they are just stories but the reality is true. Such happen. Many women have lost their new born babies in the health facilities; the cause of which is yet to be determined.

Just before the High court makes its pronunciation in a case instituted by CEHURD (CEHURD and others V. Executive Director of Mulago National Referral Hospital) on allegations of child theft, another case has again been reported of a lost child within the same health facility, and the only National referral Hospital, under similar circumstances.

Many questions remain unanswered when we see such happen in the country. Could this be the reason behind Uganda’s failure to achieve MDG 4 and 5? Why do children get lost in the facilities? Is it the system failure or it’s the problem of individual health workers that opt for money out of these new born babies? Will the maternal death rates be reduced at this rate of child theft? Are mothers safer to deliver in health facilities or within hands of traditional birth attendants? Such and many more remain unanswered.

It is indeed disturbing to see a mother who goes through the nine months of pregnancy suffer due to system failure.This was the case for Ms. Anyongire Lovis and Mr. Fred Sanyu. It is alleged that the couple was delivered of a beautiful brown fat bouncing baby girl on the night of 2nd January 2014. After a few minutes, the health workers took the baby away noting that she was ‘tired’. The demand to receive their child has since been in vain. They were only given a body of a dark skinned borny baby girl the following day and on refusal of that, another body that fits their description (of a brown fat baby girl) was given to them.

CEHURD has intervened in the matter, we have interviewed the family and hope to meet the administration of Mulago Hospital for further particulars as we collect evidence to institute a health and human rights related case on behalf of the family.

As we progress to advocate for safe motherhood and delivery, many factors have remained constant that ought to lead the country down. Its unfortunate that health facilities that are meant to be safe places for delivery are turning into a market place for new born babies. Such factors coupled with medicine stock outs, poor remuneration of health workers hinder and will continue to hinder safe delivery within the health care system unless addressed.