Concept | Definition | Example | References for further reading |
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Rights/laws | These are legal rights identified in Kenya’s Constitution and enforced by the court or through formal grievance procedures. | According to the Kenyan constitution, Health Act 2017 No.21 part 5: § Every person has the right to the highest and attainable standard of health which shall include progressive access for provision of promotive, preventive, curative, palliative and rehabilitative services. § Every person shall have the right to be treated with dignity, respect and have their privacy respected in accordance with the Constitution and this Act. | The Health Act No. 21 of 2017 |
Rules & policies | A set of guidelines that an agency or an individual aim to follow. They outline your rights and may be governed by law or not. For example, a hospital policy may be to provide care and respect to patients. | Nairobi Hospital Policy | Quality policy statement - April 2020 |
Social expectations & preferences | These are expectations or rules that every society has. As individuals we have our own ideas of how we would like to be treated. These preferences are not governed by law or policy, hence cannot be enforced as rights. | In the Kenyan culture there are social expectations related to being a woman, being a mother, being from a particular part of the country, and belonging to a specific religion, and sometimes these expectations may conflict. | Okwako, Joseph M., and Andrew G. Symon. "Women's expectations and experiences of childbirth in a Kenyan public hospital." African Journal of Midwifery and Women's Health 8, no. 3 (2014): 115-121. |
We may have concerns that we believe are related to our rights, but they are not considered as rights by either law or policy. However, this does not mean we cannot advocate for these to be considered as rights as we seek to facilitate change.
Respectful bereavement care is the support given to benefit bereaved parents to help them deal with the emotional and practical challenges experienced after stillbirth. At the hospital, this is usually facilitated by providers. Considering the components of respectful bereavement care (see the box below) can help clarify what parents bereaved by stillbirths are entitled to at the hospital.
The above is adapted from the Respectful Bereavement Care curriculum prepared by Still A Mum.
The content of this Fact Sheet is paraphrased from de Bernis L, Kinney MV, Stones W, ten Hoope-Bender P, Vivio D, Leisher SH, et al. Stillbirths: ending preventable deaths by 2030. The Lancet. 2016;387(10019):703-16
You may have a right, preference, or expectation to… | But you may experience some roadblocks … |
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Ask for an autopsy/post-mortem |
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Experience compassionate communication |
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Receive adequate information about the cause of stillbirth |
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Hold your baby and spend some time with him/her |
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Create memories, including spending time with your baby, or taking hand and footprints, photos or locks of hair |
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Care and support from family, friends, peer groups or professional counselors that can help navigate grief |
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Privacy as one experiences the overwhelming emotions of grief and to also minimize interaction with nursing mothers and babies |
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Exploring options on how to handle the baby’s body, which will help to support informed decision-making based on preferences and values |
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This document explains the differences in rights, policies and preferences in advocacy work.Learn more
This paper explains the rights a bereaved parent has at the hospital or facility.Learn more
This charter clarifies and clearly articulates the rights of women and newborns for respectful maternity care within a healthcare setting.Learn more
This study synthesized data on respectful maternity care from 67 studies in 32 countries, and showed the existence of a wide range of types of care beyond...
This paper provides a global overview of the financial, emotional and psychosocial costs of stillbirth for women and families.Learn more
This book acknowledges the challenges faced by health workers in providing quality respectful care, especially related to the culture of fear and blame,...
This commentary lays out the World Health Organization’s principles for quality care, including providing a definition of quality care as safe, effective,...
This report from the Lancet’s Commission on Women and Health Commission calls for valuing, compensating and counting women in health care (both as...
This comment provides context to the Lancet’s 2014 Every Newborn series which accompanied the United Nations’ endorsement of the Every Newborn...
This foundational paper was one of the first to lay out the global situation of stillbirths and call for increased attention. It was the first paper in...
This formal statement from the World Health Organization clarifies respectful care during birth as a human right and lays out actions to be taken to address...
This commentary calls attention to the rights of newborns, including newborn babies who are stillborn, to receive dignified respectful care.Learn more
This statement from UN Women details progress on gender equality and empowerment since the 1995 Beijing Conference on Women.Learn more
This global review summarized the evidence on interventions for preventing maternal and newborn mortality and morbidity, including stillbirth prevention.Learn...
This review summarized evidence for whether women’s groups are effective in reducing maternal and newborn mortality and morbidity, including stillbirth...