CEDAW/C/49/D/17/2008 discrimination might have contributed to some extent, but not decisively, to the death of the author’s daughter. The State party also acknowledged that the convergence or association of the different elements described by the author may have contributed to the failure to provide necessary and emergency care to her daughter, resulting in her death. In such circumstances, the Committee concludes that Ms. da Silva Pimentel Teixeira was discriminated against, not only on the basis of her sex, but also on the basis of her status as a woman of African descent and her socio-economic background. 7.8 With regard to the author’s claim under articles 12 a nd 2 (c) of the Convention that the State party failed to put in place a system to ensure effective judicial protection and to provide adequate judicial remedies, the Committee notes that no proceedings have been initiated in order to establish the respons ibility of those in charge of providing medical care to Ms. da Silva Pimentel Teixeira. Furthermore, the civil action, which was filed in February 2003 by the family of the deceased is still pending, despite the contention of the State party that judgement was expected in July 2008. In addition, the two requests for tutela antecipeda, a judicial mechanism which could have been used to avoid unwarranted delays in the judicial decision, were denied. In such circumstances, the Committee considers that the State party failed to comply with its obligation to ensure effective judicial action and protection. 7.9 The Committee recognizes the moral damage caused to the author by the death of her daughter, as well as the moral and material damage suffered by the daug hter of the deceased, who has been abandoned by her father and lives with the author in precarious conditions. Recommendations 8. Acting under article 7, paragraph 3, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and in the light of all the above considerations, the Committee is of the view that the State party violated its obligations under article 12 (in relation to access to health), article 2 (c) (in relation to access to justice) and article 2 (e) (in relation to the State party’s due diligence obligation to regulate the activities of private health service providers), in conjunction with article 1, of the Convention, read together with general recommendations Nos. 24 and 28, and makes the following recommendations to the State party: 1. Concerning the author and the family of Ms. da Silva Pimentel Teixeira: Provide appropriate reparation, including adequate financial compensation, to the author and to the daughter of Ms. da Silv a Pimentel Teixeira commensurate with the gravity of the violations against her; 2. General: (a) Ensure women’s right to safe motherhood and affordable access for all women to adequate emergency obstetric care, in line with general recommendation No. 24 (1999) on women and health; (b) Provide adequate professional training for health workers, especially on women’s reproductive health rights, including quality medical treatment during pregnancy and delivery, as well as timely emergency obstetric care; 11-51699 21