While Brazil is considered one of the BRICS countries for its advanced economic development, its record on maternal health is abysmal.

But hopefully that will be changing after the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) ruled that governments have a human rights obligation to guarantee that all women in their countries, no matter their economic or racial background, have access to timely, non-discriminatory, and appropriate maternal health services.

The case that sparked last weeks ruling was filed by The Center for Reproductive Rights, a global legal advocacy organization, over eight years ago. The case stemmed from the death of Alyne da Silva Pimentel, a 28-year old, Afro-Brazilian woman, who died in 2002 after suffering from a high-risk pregnancy and being denied timely care. She died following delivery of a stillbirth. Had there been a basic obstetric health care system in place in Brazil, Alyne would have survived, the Center said.

Alyne left behind a 5-year old daughter.

This was the first time a maternal death case was decided by a human rights body and it will have implications for women globally because it recognizes that women’s reproductive rights are human rights.

The committee found that even when governments outsource health services to private institutions, they are still directly responsible for their actions and have a duty to regulate and monitor those institutions. 

For a country of Brazil’s economic status, its maternal mortality rates are disproportionately high, especially for poor, indigenous, and Afro-descendant women, like Alyne.

“Alyne's story epitomizes Brazil's violation of women's human rights and failure to prevent women from dying of causes that, by the government's own admission, are avoidable,” said Lilian Sepúlveda, the Center's Legal Adviser for Latin America and the Caribbean. “We filed this case to demand that Brazil make the necessary reforms to its public health system—and save thousands of women's lives.

The Center's petition argued that Brazil's government violated Alyne's rights to life, health, and legal redress, all of which are guaranteed by Brazil's constitution and international human rights treaties, including CEDAW.

“The message to governments worldwide could not be more clear: Access to quality reproductive healthcare throughout pregnancy is a fundamental right—and governments that fail to protect this right will be held accountable,” said Janna Chan, the Manager of Online Strategy and Response for The Center for Reproductive Rights, in a blog post on The WIP. “Sadly, Alyne’s story is one of thousands in Brazil, and all around the world, in which women are denied, and in some cases refused, basic quality medical care to address common pregnancy complications. And the countless lives lost unnecessarily as a result mean that today’s victory can only be regarded as bittersweet.”

According to the World Health Organization, Brazil has drastically lowered its maternal mortality ratio over the last ten years. But pregnant poor, rural, and Afro-Brazilian women are still dying at higher rates than the rest of the country.
 
The Committee’s ruling ordered the Brazilian government to compensate Alyne’s family, including her mother and daughter, ensure women’s right to safe motherhood and affordable access to adequate emergency obstetric care, provide adequate professional training for health workers, ensure that private health care facilities comply with national and international standards on reproductive health care, and ensure that sanctions are imposed on health professionals who violate women’s reproductive health rights.