ABSTRACT
In Uganda, cases of maternal and infant mortality rarely made it to court until recently, especially when the death was a result of medical or hospital negligence. International human rights law mandates a state to protect its citizens, including ensuring the right to health. While looking at the emerging jurisprudence on maternal and infant health in Uganda, this chapter discusses debates surrounding gender and judging. The chapter investigates whether women judges are naturally responsible for the increased jurisprudence on gender-related issues due to their sex and gender. In this analysis, the chapter demonstrates that judicial decisions are not natural phenomena exclusively linked to the gender/sex of the judge. The method adopted for this study includes textual analysis of case law, a review of primary and secondary material, and an in-depth interview with the judge who decided the leading case on maternal and infant mortality in Uganda. The author writes using her positionality not only as a Ugandan but also as a legal practitioner in Uganda.
