The case was brought on behalf of a pregnant woman who died in a hospital while awaiting obstetric care. It considers whether the hospital failed to provide appropriate obstetric care and management, thereby violating her rights as well as those of her surviving children.
The amount of general damages awarded in the case has not yet been paid. This may still take some time as the decision was only issued very recently. A judgment decree to effect the judgment has already been filed and the Nakaseke District Local Government is expected to serve the plaintiffs with the payment schedule in due time. In the case of non-payment of damages, the plaintiffs have the option of enforcing execution. It is to be noted that the Court has granted interest of 6% per annum on the award of general damages, from the date of judgment till payment on full.
This case establishes a precedent that Ugandans can sue health-workers for medical negligence and offers a mechanism to demand accountability from the government as to how it is investing in social and economic rights such as health. This is important given that sixteen Ugandan women die in child birth daily due to preventable causes [Uganda Demographic and Health Survey, 2007, p. 282] Many of these deaths could be avoided if the government prioritized health sector investments to ensure retention and motivation of health workers.
Furthermore, this decision also establishes a precedent that Ugandans can use human rights arguments to address medical negligence.
It is to be noted that the Ugandan Constitution does not provide for the right to health. By declaring that emergency obstetric care is justiciable under the Ugandan Constitution, the decision constitutes a significant step towards establishing the right to health in Uganda. This case is in keeping with certain current developments in Uganda relating to economic, social and cultural rights (ESCR) and the Ugandan Constitution. Consider that, on 29th May, 2015, the Initiative for Social and Economic Rights (ISER), a member of ESCR-Net’s strategic litigation working group, led other organizations to appear before the Legal and Parliamentary Affairs Committee of the Ugandan Parliament. This group argued for the incorporation of all ESCRs in the Bill of Rights under the Constitution. Their effort was supported by several fellow members of ESCR-Net’s Strategic Litigation Working Group including, the International Commission of Jurists, Amnesty International, Hakijaami, Center for Reproductive Rights, Legal Resources Centre and the Programme on Human Rights and the Global Economy. It may be hoped that through cases such as this one and also through civil society efforts, ESCR may be more fully realized in Uganda.
The Center for Health, Human Rights and Development (CEHURD) took on this case pro bono as legal counsel for the family of the deceased Irene Nanteza.