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| Title: | Exploring judicial strategies to protect the right of access to emergency obstetric care in Uganda |
| Author: | Twinomugisha, Ben Kiromba |
| Year: | 2007 |
| Periodical: | African Human Rights Law Journal |
| Volume: | 7 |
| Issue: | 2 |
| Pages: | 283-306 |
| Language: | English |
| Geographic term: | Uganda |
| Subjects: | social and economic rights maternal and child health care |
| Abstract: | Emergency obstetric care (EmOC) can play a significant role in the alleviation of maternal mortality and morbidity in Africa. In Uganda, however, access to such care is limited, prompting an exploration of judicial strategies to protect the right of access to EmOC. This paper argues that the absence of an express provision guaranteeing the right in the national constitution is not a bar to its protection by the judiciary. Arguments against the judicial protection of socioeconomic rights, generally, and the right in question, in particular, are misguided. Through an examination of relevant constitutional provisions and case law from a number of jurisdictions, the paper finds that, in certain circumstances, the Ugandan government may be held accountable in domestic courts for failing to ensure access to EmOC to all women who need it. The judiciary can - without necessarily undermining the separation of powers - enhance women's access to EmOC by creatively interpreting constitutional provisons with a view to holding the government accountable. Nevertheless, judicial strategies must be underpinned by legislative, budgetary and other measures in order to achieve a holistic protection of the right. Notes, ref., sum. [Journal abstract] |