CEDAW/C/49/D/17/2008
4.5 The State party further explains its duty to regulate, enforce and control health
actions and services. The Ministry of Health establishes the national audit system
(Sistema Nacional de Auditoria) and coordinates the technical and financial
evaluation of the health system throughout the national territory with the technical
cooperation of the states, municipalities and the Federal District. The national audit
system undertakes technical and scientific evaluation, accounting, financial and
asset audits of the health system through a decentralized process. Decentralization is
ensured through state and municipal bodies and branch offices of the Ministry of
Health in each Brazilian state and the Federal District.
4.6 Private institutions may legally be incorporated into the health system only in
the event that service availability is insufficient to guarantee coverage to the
population of a given geographical area. The role of private institutions within the
health system, therefore, is to provide health assistance, not to perform enforcement,
control or regulatory actions or to implement public policies under the system.
These institutions are subject to the principles of the health system and the national
audit system in respect of evaluation of service quality.
4.7 With regard to the allegations that the State party violated articles 2 and 12
because of its failure to adopt measures aimed at eliminating discrimination against
women in the field of health care, directly leading to the substandard medical
attention provided to Ms. da Silva Pimentel Teixeira, the State party notes that a
number of public policies are under development that address the specific needs of
women, particularly those in situations of vulnerability, which affect the equality of
men and women. It involves, in fact, a complaint about lack of access to medical
care, insofar as the communication does not offer a single link between Ms. da Silva
Pimentel Teixeira’s gender and the possible medical errors committed. The State
party refers to the finding of the technical visit report of the Rio de Janeiro Audit
Department which concluded that the failures in the medical assistance provided to
Ms. da Silva Pimentel Teixeira did not fall under discriminati on against women, but
rather deficient and low-quality service provision to the population, resulting in the
facts described. The State party admits that Ms. da Silva Pimentel Teixeira ’s
vulnerable condition required individualized medical treatment, which was not
forthcoming, but claims that the alleged lack of specific medical care was not denied
because of an absence of public policies and measures encompassed within the
obligation of the State party to combat discrimination against women in all fields.
The case describes a potential failure in the medical assistance provided by a private
health institution, indicating errors in the mechanisms used to contract private health
services and, by extension, the inspection and control thereof, not a lack of
commitment on the part of the State to combat discrimination against women.
4.8 The State party argues that this line of reasoning has been confirmed by the
State Committee on Maternal Mortality, which concluded in the investigative report
on maternal death issued by the State Health Secretariat of Rio de Janeiro that
Ms. da Silva Pimentel Teixeira’s death was non-maternal and that the probable
cause of death was digestive haemorrhage. Further, the report contains a summary
of information on her death, including the initial medical care provided, her
admission to hospital and her ultimate death, with reference, in addition, to the
cause of death and the critical junctures in her treatment, as well as comments and
recommendations. The summary investigative report is the document that the State
Committee on Maternal Mortality analyses and uses, in conjunction with other
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