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Ximena Andion

The Role of International and National Courts Human Rights Litigation as a Strategy to Hold States Accountable for Maternal Deaths. Ximena Andion. “A WOMAN GIVING BIRTH OPENS HER COFFIN. SHE ONLY CLOSES IT 40 DAYS LATER”

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Ximena Andion

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  1. The Role of International and National CourtsHuman RightsLitigation as a Strategy to Hold States Accountable for Maternal Deaths Ximena Andion

  2. “A WOMAN GIVING BIRTH OPENS HER COFFIN. SHE ONLY CLOSES IT 40 DAYS LATER” Expression in parts of Mali, where 1 in 19 women die of pregnancy-related causes

  3. Outline • Human rights litigation and accountability • Role that domestic and international courts – case studies • Remedies and reparations in the context of maternal mortality • Challenges and opportunities of litigation

  4. Human Structural/ Rights systemic Litigation changes Constructive Accountability

  5. Litigation at the national level Constitutional law Public interest litigation (PIL) • Establish a legal principle or right of public importance • Social transformation

  6. Public interest litigation in India Case SandeshBansal v the State of Madhya Pradesh and Others (2008) Systemic problems i.e. poor quality of service, lack of electricity and sanitation Violations i.e. denial service to women who can’t pay Failures of oversight mechanism to monitor budget spending

  7. Litigation at the international and regional level REGIONAL HR SYSTEMS • Inter-American Human Rights System (Commission and Court) • African Human and Peoples’ Rights System (Commission and Court) • European Human Rights system (European Court) • ASEAN system ?

  8. Litigation at the international and regional level INTERNATIONAL SYSTEM • U.N. Treaty Monitoring Bodies • Standards on maternal mortality- last 15 years • Present individual complaints: • Convention on the Elimination of all Forms of Discrimination Against Women – CEDAW Committee • International Covenant Economic, Social and Cultural Rights – CESCR Committee (soon enter into force OP)

  9. Case: Alyne da Silva v Brazil • Afro-Brazilian woman, resident poorest districts RJ • Misdiagnosed, delayed in receiving care, poor quality of care, not proper referral • Illustrative of situation of maternal mortality in Brazil • Civil complaint against state RJ • CEDAW 2007

  10. Remedies and Reparations REPARATIONS • Restitution • Compensation • Rehabilitation • Satisfaction • Guarantees of non repetition

  11. Impact of litigation • Courts potential of affecting social change • Far-reaching changes in laws, policies and practices • Structural remedies • Political tool – draw attention • Empower communities

  12. Challenges • Lack of trust in courts (independence, bad experiences, ineffectiveness) • Resource intensive and can take years • Other barriers: language, location • DOCUMENT AND ASSESS • IMPLEMENTATION

  13. THANKS xandion@reprorights.org

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