Alyne da Silva v. Brazil

A, a 28-year-old Afro-Brazilian woman, died of complications resulting from pregnancy after her local health center misdiagnosed her symptoms and delayed providing her with emergency care. A’s death is not an isolated case. Brazil's maternal mortality rates are disproportionately high for a country of its economic status and the chances of dying in pregnancy and childbirth are greatest among indigenous, low-income, and Afro-descendant women. The Center for Reproductive Rights and Brazilian partner Advocaci filed a communication before the CmEDAW alleging violations Articles 2 and 12 of CEDAW. The Committee affirmed the violations despite Brazil’s claims that it had made "qualified obstetric care" a priority in its National Plan for Women's Policies. It also highlighted that "the State is directly responsible for the action of private institutions when it outsources its medical services, and that furthermore, the State always maintains the duty to regulate and monitor private health-care institutions". The Committee recommended Brazil ensure affordable access for all women to adequate emergency obstetric care and to effective judicial remedies, provide adequate professional training for health workers, ensure compliance by private facilities with national and international standards in reproductive healthcare, and reduce preventable maternal deaths. The case was important as it was the first case on maternal mortality to be brought before CEDAW. The Committee took a leap forward in increasing coherence in international human rights law on women's economic, social and cultural rights. Further, the Committee's inclusion of factors affecting A's access to health services, such as poverty and race were a milestone in the development of an intersectional understanding of women's ESCR.

Geographical location 

Year 

2011

Institution 

CEDAW Committee

Court 

Jurisdiction 

Avon Center work product 

ID 

810