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.
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