**2. Understanding a HRBA in the maternal and child health**

Although conceptually rigorous, much has been written on the relevance of a HRBA to development and in particular to women and children's health care. There is consensus that the international community has lately achieved a full understanding that maternal and under-five mortality is no longer simply an issue of public health but a human rights concern [12]. This concern over a rights framework to maternal and child health grows due to the fact that a significant portion of maternal and under-five mortality is from preventable causes—an indication that avoidable maternal and child fatalities are potential violations of human rights constituting social injustice [13]. Essentially, a HRBA to maternal and child health aims to realize the right to the highest attainable standard of health (or "right to health") and other health-related complementary rights of vulnerable women and children.

Various features can be used as useful indicators to measure compliance of state obligations to the right of health care of their population: (1) legal recognition of the right to health; (2) availability, accessibility, acceptability, and quality of healthcare facilities and services; (3) participation; (4) equality and nondiscrimination; (5) national health plans; (6) well-trained and motivated health workers; (7) and

**99**

workers, exhibit?

*A Human Rights-Based Approach to Maternal and Child Health in Ethiopia: Does it Matter…*

monitoring and accountability. This chapter analyzes how the Ethiopian health system deals with some of these features, in the section 'Access to maternal and

Similar to many other rights, recognition of the right to health takes different levels. In the main are the global and domestic dimensions, where the former is expressed through ratification of human rights treaties and the latter deals with the recognition of the right to health in the national constitution or other statutes. Legal recognition requires acknowledgment of the range of binding human rights obligations in the national legal and policy framework, and the jurisprudence and other pronouncements elaborating upon treaty provisions over the past decades [14]. This feature further requires avoiding euphemisms and rather urges to employ the language of human rights law in adoption of development laws and policies which laws and policies may include in the area of health-care [15]. This means, for example, that words such as "needs", "equity", "good governance" to identify things that are human rights or "citizens' rights" are employed in a manner that avoids reference to employ human rights standards and are reckoned to constitute euphemisms. The latter is distinguished as an "effort to depoliticize development discourse" whether they relate to issues of health care or education [14, 15]. But, why unambiguous

Legal recognition is significant as it increases stakeholders' accountability and gives attention to ways of empowering marginalized children and women or their representatives to be aware of and claim their rights [16]. It can too cause the authorities accountable before courts, contributing to tangible improvements in maternal and child health care services. However, the realization of the right to maternal and child health can mean a commitment towards the recognition of the right, this does not necessarily warrant the actual operation or success of implementation [3]. China's law on Maternal and Infant Care, which specifically targets the health of mothers and young children, is a notable exception and is thought to possess a positive effect on child survival rates. Similarly, Vietnam's Child Protection, Care and Education law provides free health care for children under six. As well, in some jurisdictions, recognition has generated judicial decisions and non-judicial mechanisms of accountability that have improved the delivery of wellness-related services [17].

The realization of women and children's right to health may be pursued through numerous approaches of which the adoption of national health plans that embraces health workers is one. General Comment 14 requires States parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR) to develop a comprehensive home health plan encompassing human resources with a sentiment to assist them to realize their obligation of access to quality of health care to their population [18]. Adoption of national public health plan is a core obligation. But, what must a comprehensive national health plan, which incorporates health

First, health workers in preventive, curative, and rehabilitative health, encompassing physical and mental health must be available. Second, health workers must have appropriate preparation. Third, incentives must be in place to encourage the appointment, and retention, of health workers in underserved areas to better access, especially of marginal communities and populations. Fourth, human rights, including respect for cultural diversity and treating patients with courtesy, should

*DOI: http://dx.doi.org/10.5772/intechopen.83513*

child health care in Ethiopia'.

**2.1 Legal recognition of the right**

recognition of rights is central?

**2.2 National health plans and health workers**

monitoring and accountability. This chapter analyzes how the Ethiopian health system deals with some of these features, in the section 'Access to maternal and child health care in Ethiopia'.
