Work package 2
Creating an Enabling Legal Environment for
the Implementation of MPDSR
Rationale
International, regional, and national laws and policies recognise that the reduction of preventable maternal and new-born mortality requires the development and implementation of an effective MPDSR system, consisting of a comprehensive legal and regulatory environment. Legislation can facilitate accountability, including the creation of a participatory and transparent institutional framework that has mandatory legal powers and duties to conduct surveillance, collate information, review maternal and perinatal deaths, and recommend timely interventions in respect of modifiable factors at facilities and in the community.
WHO advocates for a “No-Blame” legal and policy ecosystem to promote transparency, learning, and accountability.​ Yet, the fear of blame is a major barrier to effective MPDSR systems. Legal guarantees need to be developed to ensure protection for individuals who participate in MPDSR through ensuring confidentiality of data in the review process, while not removing effective remedies from the families of the victims (separate from MPDSR).
Objectives
We want to identify and analyse existing laws, regulations, and policies relevant to MPDSR, and to highlight opportunities, gaps, barriers and inconsistencies in strengthening the legal accountability of MPDSR.
We will investigate how legislation can enhance the accountability of MPDSR systems, including:
- budget allocation
- effective implementation of recommendations derived from MPDSR data and analysis
- establishing legally mandated roles and responsibilities for various stakeholders
We want to identify and propose legal solutions that foster a “no blame approach” within MPDSR systems by ensuring the confidentiality of MPDSR information, and by clarifying opportunities for families to seek remedies through other mechanisms (separate from the MPDSR system).
Our work so far
We have conducted a desk review of the laws, policies and guidelines that govern the MPDSR process in Uganda, Ethiopia and Ghana. We have also conducted interviews with legal stakeholders such as judges, prosecutors, lawyers, civil society and health professionals exploring how they perceive legal accountability in the context of MPDSR and the barriers and facilitators of strengthening the legal environment in the three countries.
Leads
Dr Eszter Kismodi
Dr Brenda Kharono
Dr Abera Kenay Tura