A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women's and children's health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers' inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.
Preventable maternal death as a human rights concern is gaining greater momentum. This article examines the normative framework applying to maternal mortality, and highlights the important link that exists between women’s right to health and several other rights. It then discusses the differing, yet complementary, aspects of the nature of women’s right to health as a right relevant to shaping a human rights approach to maternal mortality, namely: achieving health-care services that are available, accessible, acceptable, and of high quality; engagement of civil society organisations in the promotion and protection of women’s health rights; and ensuring functioning accountability mechanisms. Even though the country recognises the right to health and other complementary rights in its current constitution, and also subscribes to numerous human rights instruments that incorporate the right to health, which equally apply to women, the article finds that there is a selective approach to women’s access to health goods and services; the room for mobilising civil society is restrictive; and an inefficient accountability system exits. Relying on the requirements of human rights norms and standards, the article argues for the potential role of operationalisation of the rights-based model to further reducing or eliminating maternal mortality in the Sustainable Development Goals period. Key words: human rights, maternal health, maternal mortality, rights-based approach to health
This article seeks to present the work of the Ethiopian Federal Cassation Court in fostering the application of the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of Children, and the Constitution of the Federal Democratic Republic of Ethiopia. It discovers that children"s rights jurisprudence is gradually evolving through the utilization of these legal instruments. This development challenges the current academic debate over the silence of Ethiopian courts with respect to their duty to invoke human rights provisions. Equally, it clarifies the confusion about whether Ethiopian courts exercise their mandate to interpret and apply human rights treaties. Nonetheless, the Court"s involvement in areas including ensuring compliance with the vertical obligation of children"s socioeconomic rights is limited. The article then identifies the challenges that limit exercise of the Court"s mandate, and suggests potential ways to enhance the Court"s constitutional duty of protecting and promoting children"s rights in the country.
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