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Case Digest: Challenging Uganda's Healthcare System on Newborn Care and Management
At first glance, the case of Center for Health, Human Rights and Development & Ors vs Executive Director Mulago Hospital and Anor (Mulago case) may not appear to be a human rights case. It could pass off as a case in the Law of negligence.1 Yet, critically reviewed, and looking at the approach Lady Justice Lydia Mugambe-Ssali adopted, the case is a human rights case. The decision of the Judge is special in a number of respects. Besides grounding her decision in human rights law, the approach of the Judge is intended to deal with what she views as a systemic problem in Mulago Hospital. One of the approaches the Judge uses is to make far reaching orders, including structural injunctions.
This Digest reviews the decision with a view of analyzing the issues which arise from it. In addition to examining the implications of the orders of the judge and determining how these could be implemented by the various actors in the case. The actors identified here include the Uganda Police, Mulago Hospital, the Attorney General and the Center for Health, Human Rights and Development (CEHURD).