Congratulations to the Center for Health, Human Rights and Development (CEHURD) and three co-petitioners who, after nine years of dedication and perseverance, have received a favourable interpretation from the Constitutional Court of Uganda at Kampala.
The Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General, Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Decision of August 19, 2020.
This is the first decision of an African constitutional court finding a violation of the rights to health, life, gender equality and freedom from inhuman and degrading treatment, for the preventable deaths in childbirth of two women, Sylvia Nalubowa and Jennifer Anguko, who died in hospital due to unavailability of basic maternal commodities.
As lawyer Moses Mulumba of CEHURD gratefully informed supporters: “The Constitutional Court agreed with our submissions and all judges accepted all the grounds of the petition. Through this judgement, the right to maternal health care (and the right to health broadly) has been granted a place in Uganda’s Constitution. The judgment recognises basic maternal health care services and emergency obstetric care. [ . . . ]
“Moving forward, we can work together to ensure that this judgement brings lasting change to [the] health system in Uganda, within the African region and globally.”
RELEVANT RESOURCES:
- Twelve key Declarations by the Constitutional Court of Uganda, circulated by CEHURD, are listed in the expanded version of this Reprohealthlaw Commentary, online here.
- Constitutional Court decisions:
The Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General, Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). [Maternal health] Decision 2012 online. Decision 2012 attached in PDF. Case summary of 2012 decision. NEW DECISION of AUGUST 19, 2020. - Supreme Court decision:
The Center for Health, Human Rights and Development and 3 Others v Attorney General [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala), Judgments by Kisaakye, JSC and Katureebe, CJ. [Uganda Supreme Court orders Constitutional Court to hear petition on maternal health rights violations.] Decision PDF. Case summary in Legal Grounds III .
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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca. See Program website for our Publications, Information resources, and Reprohealthlaw Commentaries Series. TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.
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