Ugandan Constitutional Court Upholds Right To Adequate Maternal Healthcare As A Constitutional Right
By Vatsal Patel
Vatsal Patel is a final-year B.A. LL.B. (Hons.) student at the Institute of Law, Nirma
University, Gujarat (India) with a keen interest in constitutional and human rights law.
In the seminal opinion of CEHURD v. Attorney General, the Constitutional Court of Uganda
(“CC”) upheld adequate maternal healthcare, inter-alia, as an independent constitutional
right under Article 45 of its constitution . Accordingly, it directed the State to efficiently
train all its medical healthcare staff within a period of two-years. The CC’s act received a
positive response from human rights activists, who view it as a correction of the court’s
previous error when it denied to hear this matter and failed to scrutinise the State’s action
from a rights-based perspective [2,3,4].