Tayechalem Girma Moges
University of Global Health Equity, RwandaPresentation Title:
Birthing justice: The role of litigation in advancing maternal health rights in Africa
Abstract
Maternal health disparities remain a pressing issue across Africa, exacerbated by limited resources and inconsistent state intervention. The evolving discourse on positive obligations in human rights law provides new opportunities for addressing these inequalities. Constitutional courts in Africa have become pivotal actors in interpreting and enforcing these obligations. However, their decisions often highlight the tension between holding states accountable and acknowledging the practical limitations imposed by resource constraints.
This presentation examines how African courts employ judicial activism to address maternal health disparities, focusing on the scope and limits of positive obligations. Through a case study approach, it analyzes key rulings that address maternal health challenges, emphasizing judicial reasoning, particularly the ‘standard of reasonableness,’ in balancing state intervention with resource limitations. The findings reveal that courts increasingly mandate targeted interventions to address systemic maternal health gaps, showcasing a nuanced understanding of state responsibility. However, these rulings also expose challenges in implementation and raise questions about judicial overreach into executive policymaking. Insights from these cases provide valuable lessons for other jurisdictions on leveraging judicial tools to promote maternal health within constrained systems.
Biography
Tayechalem Moges is an assistant professor at the University of Global Health Equity in Rwanda, specializing in the intersections of human rights law and gender. Her teaching focuses on critical frameworks for navigating legal considerations, human rights, and gender in healthcare. Her research interests lie in the role of discourse and litigation in advancing the human rights of women and girls in Africa. She holds a Ph.D. in Law from the University of Melbourne, an LLM in Human Rights from Central European University, a Master’s in Gender Studies, and a Law degree from Addis Ababa University.
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