The Right to Maternal Healthcare of Migrant and Refugee Women in South Africa and Uganda: Criminal Accountability as a Tool to Addressing Violation

Abstract

AbstractThis chapter examines the right to maternal healthcare for migrant and refugee women in South Africa and Uganda. The analysis is conducted in light of global, regional and sub-regional standards on the right to maternal healthcare. In both countries, the analysis reveals that the national frameworks on this right, to a large extent, strive to measure up to current human rights standards. However, many challenges including poor implementation, intersectional and structural discrimination and xenophobia are evident. The failure of national statutes and policy measures to adequately incorporate a human rights-based approach (HRBA) also remains a serious challenge in both countries. The frameworks of these countries, however, differ in some respects and this difference, whether positive or negative, offers useful lessons for both countries on how to better realise the right to maternal healthcare. The chapter generally concludes that the two countries have made significant strides in the advancement of maternal healthcare for migrant and refugee women. It, however, underscores that more can be done to end abuse of maternal healthcare rights of refugee and migrant women. In addition to invoking a HRBA, criminal accountability constitutes another measure Uganda and South Africa should embark on to bring an end to this abuse as it sends a clear message to culprits that these abuses are intolerable and will attract punishment.KeywordsMaternal healthcareWomenMigrant/RefugeeCriminal accountabilitySouth AfricaUganda