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Constitutional Appeal No.1 of 2013

Journalists interviewing CEHURD's programmes coordinator prior to the hearing of the appeal
Journalists interviewing CEHURD’s programmes coordinator prior to the hearing of the appeal

ACTION ALERT: the right to health and the human rights of pregnant women, and all Ugandans, are at stake—take action! On Friday, September 20, at 9 AM at Uganda’s Supreme Court in Kololo, Kampala, a crucial Appeal regarding pregnant women’s right to health, and about the basic rights of all Ugandans, will be heard by Uganda’s Supreme Court Justices…… Read Full Document.

Attorney General refutes stolen baby claims

By Andante Okanya

NyombiThe Attorney General Peter Nyombi, and the Mulago hospital executive director Dr Byarugaba Baterana, have refuted claims that they are responsible for the disappearence of a twin baby purportedly stolen from the hospital last year on March 12.

The rebuttal is contained in their written statement of defence filed on September 3 at the High Court in Kampala. This is in response to a civil suit filed by a couple Michael Mubangizi(mechanic), and Jennifer Musimenta(housewife). It was jointly filed by advocacy group Centre for Human Rights and Development.

The AG states that if at all the claims are true, Government and the executive director cannot be held accountable for actions of the culprits who acted on their own volition.

“In the alternative, but without prejudice to the foregoing, the second defendant(AG) shall aver that if at all the child was stolen by servants of the first defendant(executive director) as alleged, the said servants were acting on a frolic of their own,” the AG contends.

The plaintiffs allege that on last year March 12, Musimenta developed labour pains, and was taken to hospital by Mubangizi.She further purports that on the same day at about 8pm, she delivered twins.

The couple wants court to declare that their rights to a family, have been violated, and that they are entitled to damages for their loss.Musimenta claims she was informed by a nurse that the second baby had died.

The plaintiffs further state that the Musimenta was asked for a bed sheet where the body of the baby was wrapped. Court documents show that on the discharge date of March 15, Musimenta left without the body.

Musimenta claims that her request for her medical records prior and after birth, were ignored. She states that there was an evident display of dishonesty by the hospital staff.

The plaintiffs claim that when they insisted on having the body, they were informed that it could not be traced. Last year on March 16, they lodged a complaint at Mulago Police post. They claim that last year on March 18, a midwife told them that the body had been discovered in a box. However, they purport that the body looked fresh, and was wrapped in a cloth different from that given by Musimenta.

Musimenta asserts that Police advised her to take a DNA test which revealed a mismatch, and confirmed their allegations.

But Baterana asserts that the couple took the body. He queries the authenticity of the DNA test, saying he “never participated in the DNA process as would be the case.”

The defendants have asked court to dismiss the case and award them costs. The case file has been allocated to Justice Lydia Mugambe. Hearing is scheduled for November 27.

Source: http://www.newvision.co.ug/news/647115-attorney-general-refutes-stolen-baby-claims.html

Addressing Global Health Inequities: Advocating for the Framework Convention on Global Health (FCGH)

By Martha Mugisa

jallliRealisation of the right to health has proven to be a great challenge even though it is provided for in the International Human rights instruments.
Many states have shown more interest to address health inequalities within their countries through the enactment of the legislation. This has done very little to address some of the health inequities that still pose a threat to the realization of the right to health without discrimination.

These health inequities have caused one-third of global deaths nearly 20 million [death] every year. This is intolerable, yet ignored by those who hold the power to redress these inequalities.

A Framework Convention on Global Health (FCGH) could catalyze national and global actions to collectively transform today’s injustices into justice; into the right to health; into a new chance at life and good health for untold millions of people.

This treaty [FCGH] grounded in the right to health is aimed at resolving the vast health inequities between and within states and help to catalyze a new era on global health.

In the bid to address the health inequities, the convention aims at creating norms to ensure the universal conditions required for good health, along with additional proven policies to reduce inequities, an enabling global environment – from sufficient financing to health-promoting trade and investment rules – and people empowered to claim their health rights.

The treaty will catalyze far-reaching legal and policy changes that stand to dramatically improve health, especially for people who have benefited least from recent global health gains. And further address the drivers of health inequities such as the social determinants of health, universal health coverage, accountability, discrimination, global systems and international policies in the provision of health services with a specific focus on the marginalized groups. In addition the Frame Work Convention on Global Health will address other determinants of health.

While the FCGH may not do everything needed to end health inequities, this treaty would be a powerful response to global health inequities. It could help save millions of lives, prevent millions of people from becoming ill, and improve the lives of those living with disease and disability.

It is therefore crucial to acknowledge that the causes of global health inequalities extend beyond the reach of a single treaty. But, enacting the Framework Convention on Global Health would be a landmark in ending health related inequalities.

Realizing patients rights in health facilities

By Florence Nabweteme

Health professionals during the pre-testing of a training manual for human rights
Health professionals during the pre-testing of a training manual for human rights

Although a huge number of women attend antenatal care, only a few deliver from health facilities with a skilled health care provider. Majority resort to using traditional birth attendants (TBAs), relatives and others take a risk of delivering at home deliver alone. As a result there has been a high prevalence of neonatal tetanus due to unhygienic management of the cord of the newborns.

Over time, health workers at different facilities have also been reported to violate rights of patients. This has partly been due to the fact that most are not aware that patients need to access health services with at most observance of their rights

Against that background, Ministry of Health, in collaboration with Center for Health, Human Rights and Development (CEHURD) and support from  World Health Organization (WHO) convened a two-day meeting with health workers from Mukono, Buikwe, Kayunga, Kiboga and Kyankwanzi districts to pre-test a training manual for human rights for health professionals.

The manual domesticates international standards of the right to health and human rights that have been developed by various agencies, including WHO.

The intension of the meeting was to ensure that, the international standards are better understood and applied by health care providers and health associates during their day-to-day work.

The Ministry of Health with other stakeholders embarked on a campaign to improve among others service delivery at health centers, maternal health and encourage expectant women to deliver from health facilities.

This was through creating an understanding of what human rights are, what amounts to a human rights violation and what health workers can do to avoid violations when treating patients thus increasing the capacity of health workers and other stakeholders in providing basic health care without abuse of human rights.

The pre-testing of the manual gave an opportunity to the health workers to reflect on various issues relating to human rights based approach to accessing health services at health centers. They were also given an opportunity to discuss the applicability of Patient’s rights given the availability of limited resources at the facilities.

It also came out significantly that health workers also need a law to serve as a redress mechanism from situations where a patient’s rights have been observed at the expense or forbearance of the health worker’s rights.

The need to operationalize the fistula strategy for Uganda

By Joan Kabayambi MakSPH/CDC follow- CEHURD

Fiona Bakantweka, was 16years when she was expelled from school for becoming pregnant. When time for giving birth reached, she was taken to a birth attendant in the village.Unfortunate Fiona’s labor lasted almost four days that when she finally pushed the baby out, it was dead. This however damaged the reproductive system that she “leaked” and smelled of urine and faeces all day, every day.

Fiona had developed obstetric fistula. Fistula is a preventable and treatable condition which occurs when a girl or woman has an obstructed labor and does not get a Caesarean section in time. The obstruction may occur because the mother’s pelvis is too small, the baby is badly positioned, or its head too big.The protracted labor threatens the life of both baby and mother. If the mother lives, the pressure by the baby against the woman’s pelvis damaged the soft tissues around her bladder, vagina, and rectum and caused holes, or fistulas, to develop. If the fistula is between her vagina and bladder (vesico-vaginal), she has urine leakage, and if it is between her vagina and rectum (recto-vaginal), she is unable to control her bowel movements.

Fistula in Uganda mostly affects young and poor women with little education and limited access to quality health care, including emergency obstetric care. According to the 2003 Baseline Assessment of Obstetric Fistula in Uganda done by WHO, patients lack the knowledge that the condition can be repaired and are too ashamed of their condition to seek help. Those who remain untreated may be shunned by their communities and relatives and must find new ways to support themselves.

“I live in shame,” says Bakantweka. “I am now out of school, and even my family blames me for the pregnancy. They say I am paying for my sins.”
It is risky to have babies in Uganda due to the fact that the maternal mortality ration is 438 per 100,000 live births Uganda Demographic and Health Survey (UDHS) 2011. With little access to health care and information about these kinds of risks, young people begin sexual activity and childbearing at an early age.

The WHO estimates that obstetric fistula affects 50,000 to 100,000 women every year, mainly in sub-Saharan Africa. In Uganda, the survey (Uganda Demographic and Health Survey 2011) shows that 2 percent of women have experienced obstetric fistula, making it 1,900 new cases each year.

Obstetric Fistula is a shameful and stigmatizing condition that very few women declare that they have the problem hence making it difficult to know the number of women with the condition.

In Uganda, the Ministry of Health has developed the National Obstetric Fistula Strategy 2010/2011-2014/2015 that has made Mulago and other government hospitals to start offering free treatment by surgery. There are also 25 fistula trained surgeons in Uganda and in all the referral Hospitals there is a surgeon or two.

However, there is need for raising awareness in communities on prevention and mobilize communities to look out for women with the condition to access treatment from the agonizing obstetric fistula. This can be done by Civil Society Organizations like the Center for Health Human Rights and Development (CEHURD) under Community empowerment programmes.

This can be made easier if the government collaborates with all the relevant stakeholders, such as the existing local initiatives and communities and, ensure that health facilities have the equipment and supplies specialized for fistula surgery, the surgeons are well remunerated, the environment they work in is conducive, and that they are motivated to work even in the not-easy- to- reach areas.