Expectations and rights of bereaved parents

Learning objectives

After reviewing this module, you should be able to:

1. Explain the differences between stillbirth rights, policies and social expectations in Kenya
2. Discuss the global rights and policies related to stillbirth
3. Explore the potential roadblocks in the way of parents’ rights, preferences and expectations related to stillbirth care

Information sheet: Differences between stillbirth rights, policies and social expectations in Kenya

ConceptDefinitionExampleReferences for further reading
Rights/lawsThese 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 & policiesA 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 PolicyQuality policy statement - April 2020
 
Social expectations & preferencesThese 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.

 

Information sheet: Respectful bereavement care

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.

Respectful Bereavement Care by providers looks like:

* Compassion and sensitivity,
* Acknowledging families’ grief,
* Being emotionally present by avoiding using a ‘cold’ professional approach,
* Doing for patients what you would want done for your loved ones,
* Giving privacy for grieving,
* Assisting families to have positive memories such as photos and hand/footprints or other keepsakes,
* Guiding and offering appropriate information,
* Clarifying words that are often misunderstood such as ‘spontaneous abortion’; mothers report being blamed by their partners because of such terms used by providers to mean miscarriage,
* Avoiding medical jargon,
* Suggesting a family time to make memories,
* Encouraging naming of baby and bonding with baby, and
* Ensuring the same staff work with the family to reduce stress or communication error.

The above is adapted from the Respectful Bereavement Care curriculum prepared by Still A Mum.

 

 

Talking about stillbirth

* Did you receive respectful bereavement care after your baby was stillborn? Why or why not?
* What could you do to encourage staff at the facility where you gave birth to provide respectful bereavement care to other mothers?

Information sheet: Global rights and policies related to stillbirth

  • In addition to the stillbirth-related rights that are granted to women and families by Kenyan law and policy, there are also global rights and policies that are relevant for families bereaved by stillbirth in every country. Knowing about these global rights and policies can help families to be aware of, and push for, better care during and after stillbirth.
  • In every country, women have the right to available, accessible, acceptable, and good quality healthcare. Assuring this set of rights can help to prevent stillbirths and to ensure families receive respectful bereavement care when stillbirth happens.
  • Two main global documents reflect these rights:
    • In 2014, the World Health Organization issued a statement for respectful maternity care calling for the protection of a woman’s “right to dignified, respectful health care” and “ending disrespect and abuse during childbirth”.
    • In 2018, the updated Respectful Maternity Care Charter was published; it states that high-quality maternity care supports and upholds the dignity of both the mother and the newborn. The Charter sets out how these human rights should be guaranteed in pregnancy and childbirth care.
  • In 2016, a key series on stillbirth was published in the global medical journal, The Lancet, which emphasized that this global rights framework means that supportive, respectful care in pregnancy and childbirth, including after a stillbirth, is a core part of high quality healthcare for all women.
  • To be high quality, such care must also be context-specific and culturally acceptable, according to the best available evidence globally about what matters for families. For example, parents in all countries should be given the option to hold a baby who has died, yet the bodies of stillborn babies in many countries are often disposed of without any recognition, name, clothes, or funeral.
  • Women (and all people) have fundamental human rights, including “the highest attainable standard of physical and mental health”.  Respectful bereavement care is a part of this. It includes an acknowledgment of stillbirth and help for families to respond in their own ways.
  • Empowerment of parents is critical to transforming these global rights into reality, through education and awareness raising, equitable decision making, woman-focused care, and greater access to resources. In fact, realizing global rights can improve health outcomes, including the prevention of stillbirths and appropriate respectful care for parents after stillbirth. Health workers’ and communities’ norms of complacency and fatalism related to stillbirth are common roadblocks.
  • Ultimately, acknowledgment of women’s rights to respectful care during and after childbirth can support the development of a common understanding of, and commitment to, respectful care during and after stillbirth as well.

    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

 

 

Talking about stillbirth

* Do you think that raising awareness of women’s global rights to quality dignified healthcare might make a difference to care for bereaved parents in your community? Why or why not?

Information sheet: Potential roadblocks in the way parents' rights, preferences and expectations related to stillbirth care

  • You have learned a bit about some of the rights you have related to stillbirth care, and also about some of the policies and expectations that relate to this care.
  • You also probably know from experience that such care is not always provided. It can be helpful to consider the possible roadblocks to different elements of respectful bereavement care. As you review the fact sheet below, think about how you might work to overcome some of these roadblocks.

 

You may have a right, preference, or expectation to…But you may experience some roadblocks …
Ask for an autopsy/post-mortem
  • Might cost money that you don’t have
  • Culture or preferences of other family members might mean they object to having one
  • Your facility might not offer autopsy
  • You might not know what will happen to your baby/fear the autopsy/have unanswered questions.
Experience compassionate communication
  • Health providers in your facility might not be well trained in how to communicate compassionately with you after stillbirth
  • They might fear being blamed
  • Someone might decide to tell other family members ‘not to upset the mother’.
Receive adequate information about the cause of stillbirth
  • The doctor may not know yet until tests and exams are performed.
  • The clear cause of stillbirth might not be identified in some cases.
Hold your baby and spend some time with him/her
  • It is difficult to hold your stillborn baby especially when you feel unready. Yet, it is a decision that must be made quickly because of key factors such as burial, cremation or environmental factors i.e. high temperature areas. 
Create memories, including spending time with your baby, or taking hand and footprints, photos or locks of hair
  • It might be challenging to create memories immediately after giving birth to your stillborn baby. The weight of grief might be too heavy and it’s easy to not know what type of memento will work for you.
Care and support from family, friends, peer groups or professional counselors that can help navigate grief
  • It’s unfortunate that people around us might not be aware of the best ways of offering support.
  • Some hospitals might lack a psychology or counselling department for further psychological support.
Privacy as one experiences the overwhelming emotions of grief and to also minimize interaction with nursing mothers and babies
  • Most facilities do not have bereavement rooms or extra rooms.
Exploring options on how to handle the baby’s body, which will help to support informed decision-making based on preferences and values
  • It is difficult to make this decision because of the intensity of grief
  • Some parents wouldn’t want to prepare a burial ceremony but later on may regret leaving their baby at the hospital.

 

Talking about stillbirth

* When your baby was stillborn, did you receive care according to your preferences? Why or why not?
* When your baby was stillborn, what care did you want?
* Do you think different parents feel differently about the care they want? Why?
* Which other preferences or rights do bereaved parents have, in addition to what is mentioned above?

DIG DEEPER!

Resources and studies

A child held by his mother in her arms, in Argentina

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  

Pregnant woman laying down to have her belly measured, in Colombia

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,...

A pregnant woman getting her blood pressure measured, in Colombia

This commentary lays out the World Health Organization’s principles for quality care, including providing a definition of quality care as safe, effective,...

Woman in celebratory move

This report from the Lancet’s Commission on Women and Health Commission calls for valuing, compensating and counting women in health care (both as...

Care forNewborns2 icon

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     

African woman giving presentation, in South Africa

This statement from UN Women details progress on gender equality and empowerment since the 1995 Beijing Conference on Women.Learn more     

Midwife feels skull of a three-week old baby, in Canada

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...