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Thursday, January 28, 2021
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Nature of the Case

This case holds the Ugandan government accountable for persistently high rates of maternal mortality as a violation of the right to health, life, and the rights of women under the Ugandan Constitution.

Enforcement of the Decision and Outcomes

The Court awarded both compensatory and punitive/exemplary damages to the petitioners. The Court also ordered the implementation and enforcement of the following policies:

  1. Budget: In the next financial year, the Government should prioritize and allocate sufficient funds in the national budget towards maternal health care.
  2. Training: Through the Ministry of Health, the Government must ensure that all staff providing maternal health care services in Uganda is fully trained, and that all health centers are equipped within the next two financial years (2020-2022).
  3. Audit: Through the Ministry of Health, the Government must compile and submit to Parliament (with copy to this Court) a full audit report on the status of maternal health in Uganda at the culmination of each of the next two financial years.
  4. Progress Report: At the end of the first financial year (2020-2021), the Attorney General must submit a report detailing the progress and implementation of the above orders.

Significance of the Case

The judgment recognizes the right to health and access to basic maternal health care despite the same not being expressly recognized under the 1995 Constitution of the Republic of Uganda. With this decision, the Court acknowledged that access to proper maternal health care and emergency obstetric care is fundamental to ensuring women’s constitutional rights to health and life.

The decision also extends provision of basic maternal health care to women across all public health facilities, including lowest area units. Previously, only health facilities at the top of the referral chain could provide maternal health services.

Ruling