Judiciary urged to help in advancing reproductive health

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Judiciary urged to help in advancing reproductive health
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The judiciary has been urged to collaborate with the Ministry of Health and other stakeholders to take a leading role in ensuring maternal and reproductive justice.

The call was made during the national colloquium on maternal and reproductive health and the law, organized by Afya na Haki at Sheraton Hotel, under the theme "The Role of Courts in Advancing Maternal and Reproductive Health."

At the event, Civil society organizations (CSOs) highlighted the critical role of the judiciary in upholding and enforcing maternal and reproductive justice.

These called for a strengthened collaboration to address gaps in legal protections and supporting the implementation of policies that promote equitable access to healthcare for all women.

Dr. Moses Mulumba, the Director General of Afya na Haki, stated that by organizing such colloquiums, they aim to explore how the Ministry of Justice can collaborate more effectively with the Ministry of Health to improve health outcomes in maternal health and sexual productive health advice.

"In many cases, maternal health has been looked at as a health issue and not as a legal issue, and yet, we've seen so many litigations that are coming up, cases that are coming up against the government and how it's failing in some cases to provide for sexual productive health and rights and maternal health," Mulumba said.

Mulumba noted that the judiciary plays a crucial role in dismantling outdated laws that negatively impact sexual and reproductive health rights (SRHR) and maternal health.

"The judiciary plays a major role in dismantling outdated laws that negatively impact SRHR and maternal health. While legal rights and access are essential, they are insufficient. A contemporary dialogue is needed to explore how the judiciary can effectively address these issues. The current human rights framework, rooted in colonial-era perspectives, may not adequately support advancements in maternal and SRHR. A decolonial approach is essential to ensure that legal systems truly serve the needs of women and girls," Mulumba said

Mulumba stated that studies across various African countries reveal a growing awareness of social rights, including those related to maternal and reproductive health. He urged the Ugandan government to extend its focus beyond constitutional provisions to address these critical issues.

"It's no longer just about civil rights, it's also about social rights, including rights to maternal health. So it's not sufficient that we have these rights in the national constitutions. How do we move them beyond the constitutions, towards ensuring that the judges play a role?." He said.

At the same event, the Minister of Justice and Constitutional Affairs,  Nobert Mao, officially launched  Ahaki's research on litigating reproductive justice in Africa.

Mao noted that governments have a responsibility to create an environment where advocates for change can thrive.

He commend activists of maternal health to continue with their advocacy saying that their arguments are compelling.

 Justice Cheborion Barishaki urged fellow judges and all stakeholders to continue working together to uphold the rights to maternal and reproductive healthcare.

"Let us use our collective power to hold governments accountable and ensure that no woman is denied the care she needs," he said.

"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 society. Maternal healthcare is a fundamental right and it should be respected."

Dr. Robert Mutumba, who represented the Director of Public Health, encouraged a commitment to working together and adopting holistic and inclusive approaches to ensure that all individuals, regardless of their background, have equitable access to the health services they need.

"To effectively tackle maternal health challenges, we must embrace a multi-sectoral collaboration. This requires a concerted effort from all sectors to address barriers to accessing health services."

Joost Van Ettro, Deputy Ambassador and Head of Development Cooperation at the Royal Embassy of the Netherlands in Uganda, encouraged stakeholders to collaborate, noting that this cooperation could leverage their collective strengths to advance reproductive justice.

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