Stakeholders have underscored the pivotal role of the judiciary in safeguarding maternal and reproductive health rights during a national colloquium held in Kampala on Thursday. Organized by Afya na Haki, a leading advocate for reproductive justice in Uganda, the event themed “The Role of Courts in Advancing Maternal and Reproductive Health,” brought together a diverse group of stakeholders from government, civil society, academia, and development partners.
Maternal and reproductive health remains a pressing global concern, with an estimated 287,000 maternal deaths occurring worldwide in 2020. Sub-Saharan Africa bears the brunt of this crisis, accounting for 70% of these deaths, with a maternal mortality ratio (MMR) of 545 per 100,000 live births. In Uganda, the MMR stands at 189 per 100,000 live births, with uneven progress and pockets of high maternal mortality rates in urban areas like Kampala.
Dr. Moses Mulumba, a legal expert, shared a poignant case of Joyce Nakacwa, who tragically died due to neglect and violation of her maternal health rights. He emphasized the urgent need for collaboration between health and justice systems to prevent such tragedies. “The courts, the judiciary, and the justice system can play a crucial role in ensuring that our health systems are much better than they are today,” Dr. Mulumba stated.
Justice Cheborion Barishaki, a Court of Appeal judge, stressed the judiciary’s duty to hold governments accountable for providing maternal healthcare, a constitutional obligation. He highlighted the judiciary’s role in addressing systemic healthcare issues and pushing for necessary reforms. “Our role as judges is not just to interpret laws but to ensure that these laws are applied in ways that protect the rights of the most vulnerable in our society,” Justice Barishaki emphasized.
Protect the vulnerable Minister Norbert Mao’s call to action for maternal and reproductive justice
Dr. Robert Mutumba, Assistant Commissioner of Health Services, acknowledged the significant contribution of civil society organizations in shaping Uganda’s healthcare delivery platforms. He emphasized the importance of multi-sector collaboration to address maternal health needs, recognizing that historically marginalized communities face significant barriers in accessing healthcare. “The Ministry of Health has led efforts in understanding the burden of maternal mortality, and we have seen a significant reduction in maternal deaths through concerted efforts,” Dr. Mutumba said. “However, we still need to focus on reducing newborn deaths, which remain a significant concern.”
Norbert Mao, Minister of Justice and Constitutional Affairs, highlighted the complex power dynamics within the judiciary and the need for careful navigation to ensure independence, impartiality, and commitment to justice. He cited the landmark case of Roe v. Wade, which shaped reproductive rights in the United States. “The judiciary must be mindful of its role in protecting the rights of marginalized communities, including women and girls, and ensure that the law is applied in a way that promotes reproductive justice,” Mao said. “We must also recognize the critical role of civil society organizations in holding governments accountable for their obligations to provide quality healthcare.”
Justice Cheborion Barishaki stresses the judiciary’s duty to ensure access to quality maternal healthcare
The colloquium aimed to comprehend the role of courts in advancing maternal and reproductive health, track progress, equip stakeholders with knowledge on reproductive justice, and disseminate knowledge products. The discussions underscored the judiciary’s potential to drive systemic change and ensure that maternal and reproductive health rights are upheld.
Participants called for enhanced judicial training on health rights, increased public awareness, and stronger partnerships between the judiciary and health sectors. They also urged the government to allocate more resources to maternal health and ensure that healthcare facilities are adequately equipped and staffed.
The event concluded with a call to action for all stakeholders to work collaboratively towards a future where maternal and reproductive health rights are fully protected and realized. The judiciary, with its unique position of authority and influence, was urged to lead the charge in this critical endeavour.
As Uganda continues to grapple with high maternal mortality rates, the role of the judiciary in safeguarding maternal and reproductive health rights cannot be overstated. The colloquium served as a reminder of the urgent need for a concerted effort to address the systemic issues that hinder access to quality maternal healthcare and to ensure that the rights of all women and girls are protected and upheld.
