Victory Of A Health Worker In A Post-Abortion Care Case

We continue to resound that health workers must operate in a safe environment without fear of being arrested, intimidated or harassed as they provide Sexual and Reproductive Health Rights services. In turn, women should be able to seek care knowing that they will not suffer stigma or be denied service.

CEHURD

On 1st February 2022, the Chief Magistrate of Lugazi Court dismissed the case of Uganda vs Fredrick K (Criminal Case No.56 of 2020) for want of prosecution. 

Mr Fredrick K, a senior clinical officer from Buikwe District was arrested after saving a life – providing a post abortion care service. Two years later, CEHURD, and the Legal Support Network have worked to ensure that he is freed. 
We continue to resound that health workers must operate in a safe environment without fear of being arrested, intimidated or harassed as they provide SRHR services. In turn, women should be able to seek care knowing that they will not suffer stigma or be denied service.
Restricted environment and the misinterpretation of abortion laws restrains health workers from providing post abortion care services for fear of arrest which in turn has led to the inability of women to access the services.
With unsafe abortions contributing to the high maternal mortality rate in Uganda (according to the UDHS 2016), there is need to address the underlying factors that drive these deaths ie the restrictive legal and policy environment, misinterpretation of the law due to inadequate knowledge among others.

Story;
In November 2019, Mr Fredrick K, a senior clinical officer at Mukisa Medical Clinic was approached by a patient who had carried out an abortion in Buikwe District. She was in critical condition. Mr Fredrick K was able to provide Post-Abortion Care to her and thereafter referred her to Lugazi Referral Hospital for an abdominal scan. A few days later, the patient returned to his facility for further therapy. On finding that she had not had the scan as he had recommended, Mr Fredrick referred her back to the hospital.
On April 6, 2020, police officers from Lugazi Central Police Station arrested Mr Fredrick on accusations of having carried out an abortion on the teenager girl, which is a criminal offence under sections 141 and 143 of the Penal Code Act. The Ugandan Constitution does not explicitly prohibit abortion. 
On May 11, 2020, the Legal Support Network applied for bail for Mr Fredrick, basing on the standards and guidelines by the Ministry of Health that permit health workers to provide Post-Abortion Care.

A CEHURD compilation.

Teenage Pregnancies: We Are Not Doing Enough To Keep Girls In Schools

PRESS STATEMENT

FOR IMMEDIATE RELEASE:

Friday 26th March 2021

Kampala, Uganda. Center for Health, Human Rights and Development (CEHURD) recognises the government’s efforts to ensure that pregnant girls sit for final examinations. However, we assert that this is not enough, especially in light of recently revised guidelines for the prevention and management of teenage pregnancy in school settings in Uganda.

In 2020 the Ministry of Education and Sports issued these guidelines, which stated that girls must undergo mandatory periodic pregnancy tests. The guidelines add that if found pregnant, the girl is forced to go on maternity leave when she is at least three months pregnant. The guidelines allow pregnant girls to sit for final examinations. However, on 16th March, 2021, Uganda National Examinations Board (UNEB) through their official Twitter handle noted that pregnant girls will be allowed to sit for the exams but warned that “the leeway may not continue after Covid era”. It went on to warn that UNEB does not condone teenage pregnancy and as such, learners should concentrate on studies before they think of babies. We find the warning by UNEB that the “leeway may not continue after covid” contrary to the guidelines issued by the Ministry.

On the revised guidelines, we are concerned about the provision requiring mandatory maternity leave in case of pregnancy. Allowing girls to sit exams while denying them an opportunity to attend class effectively amounts to violation of the right to education.

Teenage pregnancies indeed have grave consequences on the girl’s life and their future including the fact that she is more likely to die during pregnancy or childbirth.  With an estimated 34% of school girls dropping out of school, Uganda will be raising a generation where women are locked out of education because of teenage pregnancy. We will be raising a generation where women significantly suffer long term effects such as limited skills essential for productivity and employability.

Call to Action

We ask that instead of taking action that punishes young girls, the government must take proactive measures that reduce teenage pregnancy while enabling pregnant teenagers to stay in school, prepare for and sit for their exams. We specifically ask that;

  • Parliament uses its mandate to summon the Hon Minister of Education and Sports to update parliament on the progress of the National School Health Policy as it would address such issues.
  • The government prioritizes management of school health programmes in times of health pandemics,
  • The government promotes access to youth sexual and reproductive health and rights.
  • That parliament in the exercise of its oversight mandate follows up on the implementation of the parliamentary resolutions to end teenage pregnancies of
  • The relevant government line ministries give a status on the   implementation of the parliamentary resolution of 2011 urging the government to institute measures to address maternal mortality and other matters considering that teenage pregnancies are one of the big contributors to maternal deaths.
  • That the Ministry of Gender, Labour and Social Development fast tracks the effective implementation of the National Strategy on Ending Child Marriage and Teenage Pregnancies in Uganda of 2015.

About CEHURD

Center for Health Human Rights and Development (CEHURD) is a non-profit, research and advocacy organisation pioneering the justifiability of the right to health in Uganda.  Founded in 2010, CEHURD has moved from the margins to the center stage of advancing social justice and health rights in health systems including the rights of health workers in Uganda, East African Region, Pan-African and Globally.

For more information contact: info@cehurd.org or call out toll free line 0800 300044.

Urgent Recommendations From Stakeholders On Health Rights For School Going Young People During the COVID-19 Lock Down

MINISTRY OF EDUCATION AND SPORTS

P. O. BOX 7063 Kampala, Uganda
Tel: 256-414-234451/4
Fax: 256-414-234920
Email: pro@education.go.ug

FAX +256-414234920

Greetings,

In Uganda, the first case of COVID-19 was reported on March 21st 2020 from a traveler returning home from Dubai. He was intercepted at Entebbe International Airport. Since then, the confirmed cases have risen to 657, with 118 recoveries and no deaths as of 9th June 2020.  Most of these cases are “imported” as they are from returning travelers or their contacts. However, there have been a few identified from the community, confirming that there is community transmission in Uganda.

Several measures intended to flatten the pandemic curve in Uganda were adopted, including the closure of schools due to the fact that social distancing was not practically possible in our school setting. These measures have been effective and we applaud His Excellency the President of Uganda for the leadership as well as the COVID-19 task force at the Ministry of Health. The Uganda education system has over 15 million learners with an additional 600,000 attending schools in refugee settlements. In your maiden address to the nation since the closure of schools, you highlighted April 27th 2020 as the tentative date for the reopening of schools and higher institutions of learning.

However, the increasing number of cases of COVID-19 in the country resulted in the extension of the lockdown by 21 days. This prompted your second address in which you noted that schools would not reopen as initially communicated. In the same address, you emphasized the need for continuation of learning despite the delayed re-opening of schools and issued various strategies to facilitate this process including; radio, television, and self-directed learning materials that would be disseminated in the national newspapers.

On the continuity of learning, I informed you that this happens beyond the four walls of a classroom but reinforced by effective implementation of the whole curriculum. In the present circumstances of total lockdown, the greatest contributors to learning are the parents and immediate family” – Hon. Janet Kataaha Museveni, Minister of Education and Sports.

In his 15th National address on COVID19, the president noted that schools re-opening will only be considered after a month from the 28th May 2020 with only learners in candidate classes being allowed to resume school.    Civil Society Organizations advancing the sexual and reproductive health and wellbeing of individuals across Ugandan communities, recognize the timely and monumental strides made by the Ministry of Education and Sports under your leadership to ensure continuity of learning despite the lock down.  As these innovative strategies are being adopted across communities, other issues that could potentially impede the successful learning of young people remain partially unaddressed.

 The inequalities and inequities further exacerbate the already existing inhibitions to learning as indicated below;

  • The proposed methodologies of learning prioritize traditional subjects. However, sexual and reproductive health needs of young people have not been prioritized, including access to correct, age-appropriate, and culturally sensitive information which facilitates informed decision making regarding their health and lives. 
  • The disruption in the school syllabus could result in work assignment overload for learners in a bid to make up for lost time, which could cause stress and compromise the mental health and wellbeing of both learners and teachers. This may push some children to lose interest in learning due to the pressure, teachers failing to complete the syllabus yet exams can be set from anywhere, leading to low grades, and eventually school dropout.          
  • Learners from hard to reach areas and those with special needs may experience difficulties in accessing learning materials as disseminated on the various platforms and channels.
  • The learners living in child-headed and economically deprived homes are likely to benefit less from the proposed strategies of learning as their priorities are divided between meeting their basic needs and dedicating time to learning- yet accessing the learning materials is close to impossible for most of them.
  • The capacity of parents is not strengthened enough to bridge the sexual and reproductive health information gaps and ably support learners during this period to appreciate sexuality education which also includes information on growth, puberty, fertility, dangers of early sex, and pregnancy among others.

Recommendations

Developing and establishing  robust crisis response strategies  for the learners in candidate classes   that have so far been directed by the president to resume school  in a months’ time and those still in the  during the lockdown and   to ensure their overall health and wellbeing. Therefore, the Civil Society Organizations propose that the Ministry of Education and Sports;

  • Expedites the passing and implementation of the National School Health Policy to guide and rejuvenate the school health programmes post the COVID-19 pandemic.
  • Operationalizes the National Sexuality Education Framework as per the presidential commitment at the ICPD+25 conference in Nairobi, See
  •  Establish mechanisms of protecting learners and teachers as schools re-open, ensuring that they have masks, hand washing facilities, temperature guns, among others to minimize the spread of the virus.
  • That the Ministry revises the school calendar and supports the school administrators to adjust to the revised calendars to avoid panic in schools in a bid to complete the syllabus.
  • That the Ministry ensures that all schools have psychosocial support to meet the mental health and sexual reproductive needs of learners and teachers. Train senior women and male  teachers on how to provide counselling and deal with the different health needs of young people, including implementation of the Girl child School Re-entry and Retention Strategy to give any girls who may report to school with pregnancies, an opportunity to continue with their studies
  • Ensure liaison of schools with nearby health centers and that the test kits for the COVID19 are available and accessible in the various healthcare centres at any time for access by schools.
  • Address the unique health challenges of adolescents like sexual and gender based violence, teenage pregnancies, menstrual health and HIV, among others within the learning medium and materials shared for learners.
  • That the Ministry of Education and Sports establishes the Operational Standard Procedures and guidelines to direct learning institutions operate amid COVID19 and establish  a feasible and  coordinated plan to ensure that the public health preventive measures of COVID19 such as installing hand washing facilities , social distancing, and  wearing of masks, among others are in place.
  • That Ministry of Education and Sports works with operators of the institutions of learning to devise practical measures for school fees payment and  opportunities to educate their children amid the financial constraints that the response to COVID-19 has created, as many people have stopped working. Post COVID-19, this will prevent learners from dropping out of school as a result of defaulting on school fees.

We will appreciate your timely response and action.

Sincerely,

  1. Center for Education, Graduate Entrepreneurship and Empowerment
  2. Center for Health, Human Rights and Development
  3. Joy For Children Uganda
  4. Naguru Teenage Center
  5. Partners in Community Transformation
  6. Philomera Hope Foundation
  7. Public Health Ambassadors Uganda
  8. Reach A hand Uganda
  9. Reproductive Health Uganda
  10. Sexual and  Reproductive Health Alliance Uganda
  11. Teach for Uganda
  12. Uganda Health Marketing Group
  13. We talk series Uganda
  14. White Ribbon Alliance Uganda
  15. Youth Equality Center

A version of this article was originally published in the Daily Monitor on Friday 19th June 2020.

Right to Health in the era of the COVID-19 pandemic in Uganda

By the Campaigns, Partnerships and Networks (CPN) Programme – CEHURD

The COVID-19 pandemic in Uganda brings about a worrying situation which will undoubtedly check the quality and ability of our health systems. The pandemic is expected to majorly impact the accessibility and availability of sexual and reproductive health and rights for all Ugandans. The Center for Health Human Rights and Development (CEHURD) is one of the many civil society organisations that are advocating for the advancement of the right to health for the vulnerable communities. This can be achieved by strengthening systems and channels of healthcare service delivery through research, documentation, lobby, advocacy, strategic partnerships and collaborations with respective stakeholders and voices from the rights holders.

In the face of the global pandemic, we commend the Government of Uganda and the Ministry of Health for the different efforts and measures put in place to contain the virus which, among others, include washing hands regularly with soap and water; stopping public gatherings; avoiding touching the eyes, nose and mouth; and closing borders. 

While a lot of effort has been put up in the fight against COVID19, we are concerned that other health matters such as maternal health, mental health and sexual and reproductive health and rights have not been given similar attention. 

The Presidential national address of 21st March 2020, restricted the use of public transport and only allowed private cars. It should be noted that the majority of Ugandans depend on public transport for movement. The additional measures passed by the President in his national address speech on 30th March 2020 that came with a ban of all privately owned cars on the road and required anyone planning to move and access health care services to contact their Resident District Commissioners (RDC) for either permission to move in a private car or access transport to a health center only worsened the situation. Such measures could not adequately address the needs of women seeking sexual and reproductive health services such as antenatal services and family planning services. Further still, during his address on 19th April, 2020, he allowed pregnant women to move to hospital by any available means without seeking permission for the RDCs. Therefore, The Government should ensure that the healthcare system is strengthened and well equipped to handle and respond to all emergencies.

It is the responsibility of all people, civil society organisations and all sectors to contain the infection, reduce transmission and stop the impacts of COVID-19 on sexual and reproductive health. It is our duty to protect and serve the vulnerable, especially the economically constrained who lack access to healthcare. The most vulnerable include women and girls, expectant mothers, adolescent girls and boys, elderly and those with existing chronic conditions like people living with HIV/Aids, cancer patients, diabetics and the hypertensive.

Government therefore, has a role and duty to protect and preserve its people by providing for access to and availability of health care services to the population equitably during this pandemic of COVID-19.

Limited access to reproductive health services

In the face of COVID-19 and the government’s response to it, accessing healthcare services has become a privilege reserved for only a few. Women now have to trek long distances to access the health facilities. This puts the lives of especially expectant mothers at risk, not to mention the babies since there is a possibility of giving birth along the way or resorting to traditional birth attendants since they are within the communities.  The media has reported women giving birth either in institutional quarantine centres or by the road side as they walk long distances to the hospitals. This will definitely see a rise in the number of maternal and child deaths due to lack of access to health facilities. 

Government and other stakeholders should therefore establish alternative, well-coordinated and safe means of transport to allow women access to the much needed healthcare. This coordinated response should be able to address emergencies and avoid the three delays in health according to World Health Organisation guidelines (delay in decision to seek care, delay in reaching care and delay in receiving adequate health care) for both the mothers and the babies to survive. In addition to this, the Government and Ministry of Health should closely work with civil society organizations such as CEHURD to sensitise masses on the referral medical services during COVID-19 lockdown and their right to quality healthcare.

Another challenge that may be faced by expecting women and their families during this current situation is being infected with the Coronavirus as their condition puts them at high risk. This risk is likely to affect their mental health and may lead to unexpected complications during or after child birth. The fear of not being able to get quality and timely healthcare services and information, inadequacy of supplies, absence of healthcare providers and commodities to respond to emergencies and offer specialised services as they are also in panic and fear for their lives, only compounds the problem. Most of the countries that have been supplying healthcare commodities either through donations or imports have been severely hit by the pandemic. This means that there is an anticipated shortage in supply of essential maternal health commodities such as misoprostol, oxytocin, magnesium sulphate and other necessary commodities. This has created a condition of uncertainty for expectant mothers about their lives.

In addition to the expectant women, over three million Ugandans are living with HIV and need to access ARVS mainly on a monthly basis. The lockdown affects those that were due for accessing care. Failure to access ARVs will affect their health, creating a state of ill health. Providing practical ways and allowing people living with HIV/Aids (PLHA) to access their medication freely despite the pandemic will ease the burden on the health care system after the lockdown. .

Health workers and support healthcare providers (Village health teams and Health unit management committees) should be trained and supported to provide health care during the prevailing pandemic. At the same time, they should have access to resources and systems necessary to safely and effectively contain the spread of the virus while giving healthcare to others. This can be done by availing them with reliable and up to date information, safety and protective gear and emergency services such that they are efficient and ready to take care of the expectant mothers, PLHA and other illnesses with confidence and professionalism.

Limited access to family planning services

The lockdown is likely to expose many men, women, boys and girls of reproductive age to a lot of sexual activity.  The chances of accessing and using protection and contraceptives during the lockdown are minimal. Unprotected sex will only expose them to risks of unwanted pregnancies, infection of HIV and STIs and resultant unsafe abortions. 

Already, Uganda is reporting very high rates of unmet needs to family planning. Twenty Eight per cent unmet need is a high number. Although the President committed to having this reduced to 10% by 2022 during the International Conference on Population and Development, the factors enabling this reduction must be in place. We are aware that some women and girls were accessing this service in hiding and the lockdown makes it extremely difficult for them to leave their homes to access the same.

Therefore, effective measures should be put in place to ensure access to and availability of contraceptives and family planning services during the era of COVID-19. Measures including putting up alternative service delivery points, empowering Village Health teams to continue providing services like condoms, and allowing free movement of health service providers to be in position to give the necessary services. . 

Young people’s access to services and information about their sexual and reproductive health needs/ challenges

According to the Presidential directives, schools and learning institutions were shut down. This leaves many young people at home with no access to information about their sexuality or even means to get to the next youth friendly centre for this information and services. It should be noted that the National Sexuality Education Framework for the out of school has never been finalised and nor were the parenting guidelines disseminated and implemented by the Ministry of Gender, Labour and Social Development.

This leaves parents ill-equipped to provide accurate and age appropriate information about their sexual and reproductive health and rights.  For some of these students, they are spending more time with their abusers who also double as their relatives or guardians. This is likely to cause an increase in rape, defilement, incest, teenage pregnancies rates and unsafe abortions and with inability to report these violations or even access services like PrEP and emergency contraceptives.  

Gender based violence

With the lockdown and the shutdown of learning institutions, a lot of violence either mental, physical or sexual has been inflicted against women, girls and boys. There is a need to protect these against any forms of violence that may be as a result of idleness and poverty both at home and in public places like markets.

In Uganda, the majority of homesteads are women headed providing food, education to children, health care and all the basic necessities yet relying on daily incomes from small businesses.  Therefore, if violated and not given access to their sources of income, many families and children may end up suffering from hunger, illnesses, domestic violation and no education in addition to other effects of the COVID-19 pandemic. 

Failure to access food and the quality of food being given out by the Government

With the presence of the COVID-19 in Uganda, a country where the biggest population survives on daily income through informal work, many have become financially constrained during this time. As part of the Government interventions during this pandemic, is to provide free food to such people living on a daily income and those in hospitals. However, the food has not reached most parts of the country and even those who have been able to access it have raised major concerns about its quality.

During this pandemic, being healthy by consuming nutritious foods is paramount thus local food systems should be properly coordinated and managed  to allow for access to safe and clean food and water. As communities are washing hands regularly and maintaining proper hygiene and sanitation to curb the spread of COVID-19, it is important that there is constant supply of and access to clean and safe water. Regulations on price hikes for essential commodities like sanitisers, soap, sugar and food stuffs should be implemented.

Recommendation

It is therefore important that as Government continues to manage COVID-19 crisis, emphasis  be put on essential medical services mainly addressing maternal health. This can be done by stocking and providing healthcare facilities and workers with the maternal life saving commodities (misoprostol, magnesium sulphate, oxytocin and other alternatives) to handle emergencies but also providing protective gears for the health workers to take care of the women during childbirth not putting their lives at risk of acquiring the Coronavirus.

MoH supports the Blood bank to stock blood sufficient enough to serve those mothers who may suffer from hemorrhage while giving birth during this crisis of COVID-19. This is because due to the social distancing, few people may be able to come out and donate blood yet a lot is going out and less is coming in to support women while giving birth.

Health workers and health care facilities should be fully provided for and stocked with adequate essential commodities to address the needs of women and the general public in case of any emergency while controlling the spread of the Coronavirus.

The referral system should be effective and efficient that in case of any emergency the women are referred as soon as possible for specialized services to control deaths while giving birth during the era of COVID-19 in Uganda. Every life matters.

Government collaborates with the private sector to support women with basic health commodities that can be used during child delivery but also after giving birth to maintain proper hygiene for the health care provider, woman and the newborn.

Different institutions to work hand in with the Ministry of Health to create awareness about the effect of COVID-19 pandemic to different parts of the country on the economic, social and health status of the entire country.

Alternative means of ensuring that young people have access to reproductive health and rights information and services should be put in place. The different stakeholders to circulate correct information on SRHR on their various online platforms as this will go along in preventing young people from being misled with myths and misconceptions about their health and reproduction.

Separate toll free lines should be put in place for the public to report non COVID19 related emergencies that require immediate attention and response.

That the Uganda police and all other security agencies stop the violation of human rights specifically women through beating them as they enforce the presidential directives. Every human being should be treated with respect and dignity irrespective of their gender and income status.

All these recommendations should be in addition to the Ministry of Health guidelines, Presidential directives and the WHO guidelines to control the spread of COVID-19 within the country and globally.

A version of this article was originally published in the Daily Monitor.

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