Abstract
BackgroundImproving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services.Case presentationThis article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda.ConclusionsThe authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women’s health.
Highlights
Human rights litigation can inspire the transformation of social norms and play a critical role in supporting domestic programs and campaigns designed to improve access to reproductive health care and reduce maternal mortality
Over the last decade, United Nations (UN) agencies, national governments, and civil society organizations (CSOs) have committed to the shared goals of improving access to reproductive health care and reducing maternal mortality [1]
International treaty bodies and domestic courts found that the governments of Brazil, Peru, Uganda, and India violated human rights laws by failing to protect women’s health and ensuring access to safe and accessible maternal and reproductive health services
Summary
Moving forward, these cases and the cases that have followed demonstrate that human rights litigation can increase access to reproductive health care and improve maternal health. International treaty bodies and domestic courts found that the governments of Brazil, Peru, Uganda, and India violated human rights laws by failing to protect women’s health and ensuring access to safe and accessible maternal and reproductive health services. With these international treaty body and domestic court decisions in hand, CSOs and the public health community called upon the government to comply with the decisions, demanding both individual reparations and the implementation of the broader, systemic changes needed to address access to reproductive health care and achieve reductions in maternal mortality. Branches of government (government agencies and legislators), individual businesses, political parties, and the media are usually excluded” [78]
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