A/HRC/18/27
used to explore the issues of dowries, early marriage, violence against women, maternal
mortality and morbidity and gender equality in decision-making.
55.
Ensuring accountability is another important strategy used in India. Advocates in
domestic courts have successfully drawn on constitutional and human rights law to argue
that the State is not fulfilling its legal obligations to prevent maternal mortality and
morbidity.51 For example, in the 2010 decision of Laxmi Mandal v Deen Dayal Hari Nager
Hospital & Ors, the Delhi High Court recognized a constitutionally protected right to
maternal health care and ordered compensation for human rights violations experienced by
two impoverished women who died during childbirth. The High Court recognized the
State’s failure to implement various programmes to reduce maternal mortality and infant
mortality and directed it to remedy deficiencies in, and improve monitoring of, public
health programmes.
56.
Snehelata “Salenta” Singh v. The State of Uttar Pradesh & Ors is the first known
public interest case filed with a high court to deal with pregnancy-related morbidity.
Salenta Singh suffered a debilitating injury after she went to a public hospital in Uttar
Pradesh to give birth, where she was left alone while in labour. Owing to the poor quality of
care provided, she developed an obstetric fistula. Her situation worsened when her
condition went undiagnosed and then untreated for months. The lawsuit argues that
pregnancy-related injury and illness resulting from medical negligence violates a woman’s
right to live with dignity and her right to health – rights that are recognized by both the
Constitution and international human rights treaties that India has ratified.52 These are two
examples of legal remedies to assist in ensuring accountability for violations of human
rights in the context of maternal mortality and morbidity.
57.
Despite many efforts, the maternal mortality rate in the Lao People’s Democratic
Republic remains high,53 and infant and maternal mortality rates among ethnic minorities
are higher than national averages. In 2007, UNFPA supported a qualitative research study
using the Participatory Ethnographic Evaluation and Research (PEER) approach, a
methodology particularly suitable for gathering data from hard-to-reach, illiterate people.
The study explored reproductive health among vulnerable ethnic communities and provided
detailed qualitative data on risk factors relating to maternal health and barriers of access to
service. As a result, among other initiatives, community representatives are responsible for
providing feedback to service providers and helping to address linguistic and cultural
misunderstandings.
58.
The Vietnam Family Planning Association operates an outreach project in more than
100 secondary schools, delivering youth-friendly services to all students who want them.
They provide information about sex, sexual and reproductive health, counselling,
contraception, testing for sexually-transmitted infections, and referrals. The Association
also trains young people to deliver education to their peers. By having access to services,
and as peer educators, young people are empowered and their knowledge improved. The
Association’s experiences were shared with other co-organizations, helping others to refine
their youth-friendly services and outreach initiatives.
51
The Center for Reproductive Rights partnered with the Human Rights Law Network, an Indian nongovernmental organization, to develop a litigation strategy around maternal mortality and morbidity
in India.
52
See http://reproductiverights.org/sites/crr.civicactions.net/files/documents/Salenta_v_UP.pdf.
53
405 per 100,000 live births in 2005 (UNFPA submission).
15
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