CEDAW/C/49/D/17/2008 5.4 The author states that unreasonable delay has compounded the already devastating effects of the death for the family. Since the filing of the Communication with the Committee in 2007, the family’s already precarious economic situation has worsened. The author, who was the family’s caregiver and sole source of income, was forced to stop working as a housekeeper as a result of ill health. She receives no unemployment benefits. The family of five is forced to subsist on the little money that A.S.P.’s great-grandfather gives to them. Despite the psychological trauma of losing her mother at the age of 5, A.S.P. has not received the necessary medical and psychological treatment owing to financial reasons. She has also developed a speaking disability, and she is having difficulties with her education. The author submits that A.S.P.’s current tragic living situation presents an ongoing violation of Brazil’s obligations under the Convention, as well as of its own domestic legal system and the Convention on the Rights of the Child. 5.5 Beyond the framework of admissibility, the author argues that the State party does not address the problem of systemic delays within its judicial system which violate the right to effective protection under article 2, paragraph (c), of the Convention on the Elimination of All Forms of Discrimination against Women. The State party has routinely failed to provide adequate judicial remedies for women from vulnerable groups, 10 such as Ms. da Silva Pimentel Teixeira and her family. Judicial delays are compounded for some of the most vulnerable segments of society; women from lower socio-economic backgrounds and women of African descent face widespread difficulties “in availing themselves of judicial remedies to redress acts of violence and discrimination committed against them”. 11 For the victim’s daughter, these delays mean that her day-to-day life has become yet more precarious. Children who have lost their mothers face an incre ased risk of dying, are less likely to attend school and may receive less health care in their lifetime. For this reason, children like A.S.P. are legally entitled to special measures of protection under Brazil’s domestic law. 12 Instead, the continued inaction of the domestic courts means that A.S.P.’s rights are being endangered, risking irreparable harm. 5.6 With regard to the obligations of the State party under the Convention, the author argues that the implementation of the right to health entails cert ain obligations of immediate effect, including eliminating discrimination and taking steps towards full realization of the right. The requirement that health facilities be available on a non-discriminatory basis is therefore an obligation of immediate effect. The right to health entails specific legal obligations for States parties, which must respect, protect and fulfil the right. Simply adopting a national health strategy does not suffice to meet the obligations of the State party. That strategy must also be implemented and periodically reviewed, on the basis of a participatory and transparent process. 13 The author refers to the Committee’s concluding observations in which it made clear that Brazil’s implementation of its national health policies remains insufficient for full compliance with the Convention in the field of maternal health. The Committee noted in particular that Brazil was experiencing problems in implementing the provisions of the Convention at all levels of the Federal Republic in a consistent manner, which were linked to the different degree of political will __________________ 10 11 12 13 14 See Access to Justice for Women Victims of Violence in the Americas, paras. 88 and 89. Ibid., para. 213. Estatuto da Criança e do Adolescente, arts. 4, 11 and 53. The author refers in this respect to general comment No. 14 of the Committee on Economic, Social and Cultural Rights. 11-51699