Drafted by Laura Dragnic toháPaulina macías and Guillermina Pappier
Laura Dragnic Tohá is a student of 2024-2025 ll.M in national and global health law at Georgetown University. It is initially from Chile and focuses on social and reproductive justice within an international context of the human rights law.
Paulina Macías is a student of 2024-2025 ll.m. in the national and global law on the health of Georgetown law. It is initially from Mexico and focuses on the difference and promotion of human rights and reproductive justice in the inter -aircraft and universal human rights systems.
Guillermina Pappier is a second -year associate at the O’Neill Institute for National and World Law on Health. Initially from Argentina, her work focuses on reproductive health and international human rights law.
In recent years, research has highlighted women’s widespread abuse during the health care associated with prenatal care, pregnancy, childbirth, childbirth, emergency obstetric situations and access to abortions. This phenomenon transcends continents and cultures, expressing itself in a wide range of forms, but remains a common practice in different countries.
Focusing on the first 1,000 days of life – from the conception of the age of the two emphasizes that this phenomenon not only violates pregnant women’s rights but is a critical threat to the health and development of newborns. The disrespectful care can cause direct complications Like the postpartum postpartum bleeding, as well as long -term effects such as PTSD and Breastfeeding Obstacles. It also undermines Healthcare Trust, leading to delayed care and increased dependence on unskilled births.
World Malcat Standards
Missing during maternity care is a global issue. In Chile80% of women have reported that they are experiencing some form while ColombiaNearly six out of ten women felt uncomfortable, offended or humiliated by comments, questions or maneuvers during gynecological or prenatal consultations. In MexicoOne -third of women reported mistreatment during childbirth and almost half underwent a caesarean section. In addition, a Who-left study In Ghana, Guinea, Myanmar and Nigeria revealed that almost half of the women were abused during childbirth. This issue is not limited to low and medium -income countries. For example, in the US, 1 in 5 women referenced Mismanagement while receiving maternity care, with higher rates between blacks (30%), Spanish (29%) and multiracial women (27%).
Legal recognition and policy answers
This problem has gained recognition in legal and political arenas. For example, Argentina was established Law 25.929 for human -born birth. Recognized obstetric violence as a particular form of gender -based violence Law on integrated protection for prevention, punishment and elimination of violence against women. Similarly, Chile introduced a concept of obstetric violence to the integrated law of gender violence and Colombia He published a law on decent, respect and human beings.
It has also resonated internationally, as the courts and international human rights have begun to face obstetric abuse in milestones. For example, in the case of Da Silva Pimentel by BrazilThe Cedaw Committee established the State’s responsibility to secure the mother’s health as a human right within the Cedaw and underlined the obligation to tackle systematic inequalities in access to health services, especially for marginalized communities. While in the case Sfm v. SpainThe Cedaw Committee has recognized obstetric violence as a form of violence that is widespread and systematic nature, whose roots include working conditions, resource limitations and power dynamics in the provider-patient relationship. In addition, in Britez arce The case from Argentina, the Indian Court of Human Rights, has confirmed that women have the right to live free of obstetric violence. He also stressed that states should prevent, punish and avoid such practices.
Terminology and conceptual contexts
How we call this phenomenon has a profound impact on understanding and dealing with the problem. In some contexts, they are explicitly framed as a form of violence. For example, countries such as Chile and Some states in Mexico They have incorporated “obstetric violence” into their legal contexts, recognizing it as a specific manifestation of gender -based violence. Some have criticized The configuration and use of the word “violence” to be usually understood as implying deliberate harm, which is not the case in many intra -business situations. Critics From this terminology they noted that “Obstetrician” suggests that the issue is limited to obstetricians, with the exception of other healthcare providers, such as anesthesiologists, neonatologists, midwives, nurses and auxiliary staff. In addition, they were declared That this term can also discourage the open dialogue needed to effectively address the disrespectful care.
In other areas, it focused on promoting the ‘human -human childbirth’ or ‘respect for maternity’ as shown in Colombia and Costa Rica. For example, the European Court of Human Rights has tackled the conditions of childbirth in landmark cases such as Ternovszky according to Hungary and Dubská and Krejzová by Czech Republicwhich explicitly treats the birth regulation at home and the help of obstetrics.
Intervention strategies
As the terminology varies, so does strategies to deal with this phenomenon. Some countries have chosen to criminalize obstetric violence by creating Special criminal offenses holding healthcare staff responsible. Others have chosen to integrate aggravating agents in common criminal offenses. Some countries have developed a broader approach. As a result, Argentina and Chile have incorporated obstetric violence into their laws about eliminating violence against women. Similarly, some Mexican states (such as Chiapas; Guanajuato; Nuggeto; Veracruz) have incorporated definitions of obstetric violence into comprehensive sex laws that determine local authorities to take action in all sectors of the law.
However, studies indicate that criminalization is not an effective approach to prevent and eliminate obstetric violence, such as The problem is structuralAnd individual punishment can hardly address a structural issue. Instead, they support the integration of sex prospects into health education. The specialist rapporteur to the right of health warns that criminalization In healthcare it perpetuates the stigma and limits the ability of girls and women to access and fully use sexual and reproductive health care services, information and resources.
Countries such as Colombia and Argentina They have given priority to preventive measures by promoting good practices about respectful care of motherhood or human -human childbirth. These efforts emphasize the dignity and respect, the imposition of informed consent, the protection of the rights of pregnant women and newborns and health care workers to address prejudice and enhance empathy. Additional strategies include enhancing institutional policies, improving patient communication and creating mechanisms for accountability and rehabilitation.
Moving forward: unsolved questions
However, one of the main challenges to address this issue is the absence of a few agreed standards worldwide. This raises fundamental questions about definitions and approaches: How is our definition of problems with problems? What different results occur when shaping harmful practices in maternity care as a matter of public health compared to a criminal offense? Even the perception of this phenomenon, such as violence, brings its complexity: should all forms of maltreatment be considered as serious? How can we distinguish violence specially for childbirth and broader manifestations of gender -based institutional violence? When considering possible solutions, especially from a public health point of view, new questions arise: What legal means would more effectively promote cooperation with healthcare providers? Should policies emphasize medical education and professional development? We now face more uncertainties than these answers, reflecting the complexity of this issue and the evolving nature.
