100 Afulukwe-Eruchalu and Durojaye/Maternal mortality in Africa performed urgently to ward off any bleeding or infection, she did not receive surgery for over 14 hours.99 After surgery, she had severe haemorrhaging and low blood pressure, but the doctors did not transfer her to a hospital with betterequipped facilities until her condition had worsened.100 When they tried to transfer her, a municipal hospital was the only one that had space.101 The local health centre did not own an ambulance and though the municipal hospital owned only one, it was reluctant to use it to facilitate the transfer, so Alyne’s family attempted but was unable to arrange for a private ambulance.102 During the resulting eight-hour delay in getting her to the municipal hospital, she fell into a coma.103 When she was eventually transported to the municipal hospital, her medical records were not sent along.104 Ultimately, Alyne was left in the hallway of an emergency room in the municipal hospital until she died 21 hours later,105 on 16 November 2002, leaving behind a five year old daughter.106 Due to the undue delays in obtaining a remedy in Brazil, substantiated by evidence that women who belong to vulnerable groups in Brazil, such as those who are poor and those who are of African descent, are unlikely to obtain a remedy in the courts,107 the case was initiated before the CEDAW Committee in 2007. The main claims were that the government of Brazil had violated Alyne’s rights to life, health and legal redress, guaranteed by its Constitution as well as international human rights treaties, including CEDAW.108 The claims highlighted the poor quality of care at an inadequately-equipped health centre, the delay in recommending a referral, the lack of space at betterequipped hospitals, the lack of reliable transportation to effect the transfer, the failure to transfer her medical records along with her to ensure appropriate and timely care, and the lack of access to emergency obstetric care as the main factors that caused her death. The CEDAW Committee determined that Alyne’s death was due to low-quality care.109 It also found that Brazil had violated Alyne’s right to health under article 12 of the Convention. It determined that the government’s assertion that it could not be held responsible for the actions of a private health institution was invalid, emphasising that governments could not relinquish their responsibilities by outsourcing 99 100 101 102 103 104 105 106 107 108 109 As above, para 2.6. As above, paras 2.6-2.8. As above, para 2.8. As above. As above. As above, para 2.10. As above, paras 2.12 & 3.6. As above, para 3.14. As above, para 5.3. Paras 3.1-3.15; see articles 1, 2 & 12 of the CEDAW. As above, paras 7.3-7.5.