Forthcoming

La violación de los derechos fundamentales de la mujer durante el parto: la violencia obstétrica

Authors

DOI:

https://doi.org/10.1387/rdgh.27020

Keywords:

obstetric violence, CEDAW, fundamental rights, pregnancy, abuse, self-determination

Abstract

Obstetric violence, perpetrated by healthcare professionals against women during pregnancy, childbirth, and postpartum, constitutes a violation of their fundamental rights. It includes inappropriate or non-consensual practices, such as unauthorized episiotomies and painful procedures without anesthesia. In addition to physical violence, it manifests as psychological violence, affecting the integrity and freedom of women. This phenomenon, still under-researched, has significant legal implications from a gender perspective, highlighting the connection between self-determination and a woman's right over her own body. The lack of guarantees of care standards during childbirth has been denounced by international organizations such as the WHO and the Council of Europe. Obstetric violence is a form of abuse of power by healthcare personnel and has become a relevant issue both nationally and internationally. In Italy, a public awareness campaign and a proposed law have been promoted to protect the rights of women in labor, while in Spain, it has been legally recognized as a form of gender-based violence. At the state level, regulations have been established to promote appropriate gynecological and obstetric interventions, avoiding unnecessary practices. The COVID-19 pandemic has exacerbated criticism regarding the care of women during childbirth. In summary, obstetric violence is a form of gender-based violence that affects women's right to health and requires attention and action at both national and international levels.

Published

10-06-2025

How to Cite

De Simone, M. R. (2025). La violación de los derechos fundamentales de la mujer durante el parto: la violencia obstétrica . Law and the Human Genome Review. Genetics, Biotechnology and Advanced Medicine. https://doi.org/10.1387/rdgh.27020

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Section

Articles