CORAM; HON. JUSTICE CHEBORION BARISHAKI, Judgement delivered on the 19th of August 2020.
This was a petition which challenged governments omission to adequately provide basic maternal health care services in public facilities as a violation of the right to health and that it is inconsistent with and in contravention of the constitution. The respondent argued that financial resources are a constraint to the provision of adequate maternal health care services in Uganda.
The Justice of the constitutional court held that it is not in doubt that financial resources are a constraint to the provision of adequate maternal health care in Uganda. However, the constitutional obligation of the state to provide these services to uphold the rights of women and fulfil their reproductive rights and needs cannot be ignored. What the government failed to do was to annually at the time of budgeting provide funding to the maternal health sector and disburse all the budgeted amounts to the specific centres.
This, therefore, means that the government has a sole responsibility to provide basic maternal health care services in public facilities to uphold the right to health.