Uganda: Court to Rule On Case in Which Govt Was Sued Over Absence of Interpreters in Health Facilities

14 September 2022
Nile Post (Kampala)
By Kenneth Kazibwe

The Constitutional Court has said it will deliver its judgement on notice in a case in which government was sued for failure to provide sign language interpreters in public health facilities.

Two non-governmental organisations, Initiative for Social and Economic Rights (ISER ) and Uganda National Association of the Deaf (UNAD) in 2017 dragged government to court for failure to provide interpreters arguing that it is tantamount to discrimination against people with hearing disabilities in Uganda's healthcare system.

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On Wednesday, both parties were informed by the court that the judgement will be delivered on notice after filing of written submissions.

"After listening to the submissions presented to this court, we shall deliver our judgement on notice, "ruled Justice Egonda Ntende the lead judge on the panel of five justices said on Wednesday morning.

Other justices on the panel include Elizabeth Musoke , Christopher Madrama, Monica Mugenyi and Christopher Gashirabake.

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Court also granted an application by the petitioner's lawyers led by Robert Kirunda in which they had asked for two working days to iron out errors in their written arguments.

Court subsequently gave the Attorney General an extra two days to file a response.

Case

In the 2017 case, the two NGOs seek court's order towards government to fully meet its constitutional obligations to the death by training health personnel in sign language and providing sign language interpreters to people with hearing disabilities in health facilities.

Citing the 2014 National Housing and Population census, the NGOs says the number of people with hearing disabilities in health facilities is more than one million individuals.

According to Allana Kembabazi , the Programs Manager for Right to health program at ISER, the lack of sign interpreters on the health facilities has seen them left behind in the implementation of various programs.

"Our interactions with people with hearing disabilities across the country revealed a national health system that consistently fails to fully protect them. When the lack of interpreters means an entire community is unable to access health counselling or self -advocate in the same way that other members of the public can, we are dealing with discrimination,"Kembabazi said.

ISER Legal Officer, Elizabeth Atori said health workers also face similar limitations in their ability to care for deaf patients.

"Patient choice, right to refuse and informed consent are basic norms of medical ethics that are formally protected in Uganda by the Patients Charter of 2009. The deaf don't have these protections because they cannot communicate. The reality is that the deaf patients are being deprived of fully autonomy over their bodies when health workers are unable to communicate even basic medical information to them."

Read the original article on Nile Post.

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