CEDAW/C/49/D/17/2008 reports, to prepare an annual report setting out case studies and the prevention measures implemented to reduce maternal mortality. 4.9 The State party further submits that the present case reveals possible failures in the health assistance provided by the Casa de Saúde e Maternidade Nossa Senhora da Glória, which, according to the National Registry of Health Establishments, is a private for-profit hospital authorized to perform procedures of medium and high complexity. The Casa de Saúde operates through an agreement between the health system and the municipal administrator. In response to the author’s allegations that the private institution violated Ms. da Silva Pimentel Teixeira’s right to health care and that the municipality of Belford Roxo failed to carry out its duty to evaluate and control the health services provided, the Ministry of Health requested that the National Audit Department of the health system conduct a technical visit to the municipalities of Belford Roxo and Nova Iguaçu, Rio de Janeiro, to gather the facts of the case and determine possible medical negligence or error in the care provided to the expectant mother. The technical v isit report recommended forwarding the matter to the Professional Councils (Conselhos de Classe) to verify the facts pertaining to the health professionals (doctors and nurses) who treated Ms. da Silva Pimentel Teixeira and to the National Steering Committ ee on the Reduction of Maternal and Neonatal Mortality under the Ministry of Health. 4.10 With regard to the legal action filed on 11 February 2003 by Ms. da Silva Pimentel Teixeira’s family and others seeking damages, the State party submits that the case entered the judgement phase following oral arguments by both sides on the formal expert report (laudo pericial) and, no unjustified delays being foreseen, a judgement on the merits was expected in July 2008. Given the complexity of the civil action, which involves more than one defendant and requires expert proof, the case had not extended beyond the normal time frame for legal actions of this nature. 4.11 The State party rejects the author ’s allegation that what occurred to Ms. da Silva Pimentel Teixeira reflects the State party’s lack of commitment to reduce maternal mortality and that the State party suffers from a systemic failure to protect the basic rights of women. It provides a detailed overview of the various measures implemented in the country to date, as well as of the national machinery in place and national plans for the realization of the rights of women, and in particular women’s health, sexual rights and reproductive rights, which attest to the State party’s concerted policy to eliminate discrimination against women. The State party recognizes preventable deaths of women of fertile age as human rights violations, and it is for this reason that the federal Government, particularly in the current administration, has made women’s health a priority. It further provides data demonstrating a reduction in maternal mortality, particularly in the south -eastern and southern regions, and argues that the present case represents an exception caused by professional negligence, overwork, inadequate infrastr ucture and lack of professional preparedness. With regard to the existence of discrimination, insofar as the case involves an Afro-Brazilian woman from the urban periphery, the State party highlights the fact that the technical visit report prepared by the audit department of the health system found no evidence of discrimination. However, the State party does not rule out the possibility that discrimination may have contributed, to some extent but not decisively, to the event. Rather, the convergence or ass ociation of the set of elements described may have contributed to the failure to provide necessary and emergency care to Ms. da Silva Pimentel Teixeira, resulting in her death. 11-51699 11

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