CEDAW/C/49/D/17/2008 its only ambulance to transport her at that hour. Her mother and her husband were unable to secure a private ambulance, and Ms. da Silva Pimentel Teixeira waited in critical condition for eight hours, with manifested clinical symptoms of coma for the last two hours, to be transported by ambulance to the hospital. 2.9 When Ms. da Silva Pimentel Teixeira arrived at the hospital with two doctors and her husband at 9.45 p.m. on 15 November 2002, she was hypothermic, had acute respiratory distress and presented a clinical picture compatible with disseminated intravascular coagulation. Her blood pressure dropped to zero, and she had to be resuscitated. The hospital placed her in a makeshift area in the emergency room hallway because there were no available beds. 2.10 The medical attendants did not bring her medical records to the hospital. Instead, they provided the treating physician with a brief oral account of her symptoms. 2.11 On 16 November 2002, Ms. da Silva Pimentel Teixeira’s mother visited her. She was pale and had blood on her mouth and on her clothes. The hospital staff sent Ms. da Silva Pimentel Teixeira’s mother to the health centre to retrieve her medical records. At the centre, she was questioned as to why she wanted the records and made to wait for them. 2.12 Ms. da Silva Pimentel Teixeira died at 7 p.m. on 16 November 2002. An autopsy found the official cause of death to be digestive haemorrhage. According to the doctors, this resulted from the delivery of the stillborn foetus. 2.13 On 17 November 2002, at the request of the hospital, Ms. da Silva Pimentel Teixeira’s mother again went to the health centre to retrieve her daughter ’s medical documents. The doctors at the health centre told her that the foetus had been dead in the womb for several days and that this had caused the death. 2.14 On 11 February 2003, Ms. da Silva Pimentel Teixeira’s husband 2 filed a claim against the health-care system for material and moral damages. The complaint 3.1 The author argues that article 2 of the Convention on the Elimination of All Forms of Discrimination against Women requires immediate a ction to address discrimination against women as defined in article 1 of that Convention when a woman’s right to life is violated by the failure to secure her safety during pregnancy and childbirth. 3.2 The author argues that article 2 (c) of the Convention requires States parties not only to guarantee in law measures to combat discrimination, but also to ensure the practical implementation of these measures and the realization of rights without delay. The Committee has established that States parties must ensure that legislation and executive action and policy comply with the obligation to respect, protect and fulfil women’s right to health care and put in place a system which ensures effective judicial action. Failure to do so would constitute a violation of article 12 of the Convention. Furthermore, the Committee has noted that special attention should be given to the health needs and rights of women belonging to vulnerable and __________________ 2 4 The case file has contradictory information as to who exactly filed the civil claim on 11 February 2003. In some places it mentions the mother of the deceased , while in other places it mentions her husband. 11-51699