Significance of the Case
This case sets a precedent that women must be provided quality maternal care and that government failure to implement policies can be directly tied to a violation of citizens’ rights to healthcare and dignity. Although the kind of extreme mistreatment J.M. experienced is systemic, similar cases are rarely widely publicized. Because the video of J.M.’s abuse was shown on national television, her case has drawn more attention to the crisis of institutional negligence in maternal health care in Kenya. Hospitals in Kenya experience desperate overcrowding, precarious conditions, and a lack of supplies, which drives up rates of infant and maternal mortality and puts substantial pressure on staff to get patients in and out quickly. Hospital staff often receive inadequate training and supervision, which may influence unethical practices. This case may help address such systemic issues by drawing attention to the responsibilities of policy makers that flow from constitutional and international human rights law. The case builds on Millicent Awuor (Maimuna) and Margaret Anyoso Oliele V AG and others, in which the Kenyan High Court found gender and socioeconomic discrimination—as well as cruel, inhuman, and degrading treatment—of two women detained after childbirth for failure to pay medical fees.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
