Court orders government to raise health budget

The Constitutional Court yesterday made key pronouncements and ordered government to provide adequate funding to the health sector to ensure proper maternal healthcare for mothers.

In a unanimous decision, the five justices of the court, said women suffer a lot while giving birth in government hospitals and many die of preventable maternal complications.

On average, 16 mothers die every day while giving birth in government hospitals in Uganda.
The judges noted that the shortcomings in the delivery of maternal healthcare services in public hospitals are caused by inadequate budget to the health sector, lack or shortage of maternal health packages, drugs and professional negligence.

“As a fundamental right, the right to health of women should be made available and accessible by the State through the formulation of necessary laws and programmes. In absence of any mechanism, these rights become ineffective and would constitute a breach of obligations vested upon the State. When this arises, the court may issue necessary orders or directives for the State to fulfil its responsibilities,” stated Justice Cheborion Barishaki who wrote the lead judgment. The panel comprised acting Chief Justice Alfonse Owiny-Dollo, Kenneth Kakuru, Fredrick Egonda Ntende, and Christopher Madrama.

“Government’s omission to adequately provide basic maternal healthcare services in public health facilities, violates the right to health and is inconsistent with Articles 8A, 39 and 45 of the Constitution. Preventable deaths of pregnant women at government hospitals deprive women of the right to enjoy and realise their sexual reproductive rights,” the court added.

The landmark judgement arose from a petition filed nine years ago by a civil society organisation, Centre for Health, Human Rights and Development and Makerere University law lecturer, Prof Ben Twinomugisha with others Ms Rhoda Kukiriza and Mr Valente Inziku.

The petition cited two cases of Sylvia Nalubowa and Jennifer Anguko, a wife to Mr Inziku, who died during childbirth at Mityana and Arua hospitals on December 10, 2010 and August 19, 2010, respectively.

Both women needed caesarean section but could not access the required materials and human resource. The judges ordered compensation of Shs155m to each of the two bereaved families.

“The actions caused utmost pain, degrading and cruel treatment of the deceased for the period they spent in the said hospitals fighting for their lives with no hope of survival until they died. This also caused untold suffering and loss to their families,” the court ruled.
Ms Kukiriza, the mother to the late Nalubowa, welcomed the court ruling but said the nine years of pursuing justice have been too long for the family.

The Abuja Declaration to which Uganda is a signatory, provides that governments allocate at least 15 per cent of their annual budget to the Health sector.
The total budget for the 2020/2021 Financial Year stands at Shs45 trillion.

Court declarations

Fully equip all health centres with basic maternal commodities in the next two financial years.

In the next financial year, prioritise and provide sufficient funds in the national budget for maternal healthcare.

Health minister to compile and submit to Parliament full audit on the status of maternal healthcare in the country by end of next two financial years.

Health minister to ensure all staff providing maternal healthcare are fully trained.

Government pays Shs155m to the two families who lost relatives while giving birth in Arua and Mityana government hospitals.

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