definition of obstetric violence of the Special Rapporteur on violence against women98 and stated that: The Committee considers that stereotyping affects the right of women to be protected against gender-based violence, in this case obstetric violence, and that the authorities responsible for analyzing responsibility for such acts should exercise particular caution in order not to reproduce stereotypes. In the present case, the Committee observes that there was an alternative to the situation experienced by the author, given that her pregnancy had progressed normally and without complications and that there was no emergency when she arrived at the hospital but that, nevertheless, from the moment she was admitted, she was subjected to numerous interventions about which she received no explanation and was allowed to express no opinion […].99 (emphasis added) 80. In the inter-American system of human rights, the Follow-up Mechanism to the Convention of Belém do Pará (MESECVI) has recommended that States criminalize obstetric violence and establish “by all appropriate means the elements that constitute a natural process before, during and after childbirth, without arbitrary or excessive medication and guaranteeing the free and voluntary consent of women to procedures related to their sexual and reproductive health. Adopt an intercultural perspective for including indigenous and afro-descendant people in health services and respecting their customs and cultural norms.”100. Various countries of the region have included references to obstetric violence in their laws;101 for example, Argentina defines this type 98 The decision states: “In this regard, the Committee notes not only the academic articles and reports on the subject of obstetric violence mentioned by the author, but also the recent report submitted to the UN General Assembly by the Special Rapporteur on violence against women, its causes and consequences on a human rightsbased approach to mistreatment and violence against women in reproductive health services with a focus on childbirth and obstetric violence. In her report, the Special Rapporteur defines ‘obstetric violence’ as the violence experienced by women during facility-based childbirth and affirms that ‘this form of violence has been shown to be widespread and systematic in nature.’ The Special Rapporteur explains that the root cause of obstetric violence includes labour conditions, resource limitations and power dynamics in the provider patient relationship, which are compounded by gender stereotypes on the role of women. Of particular relevance for the present communication is the Special Rapporteur’s assertion that an episiotomy ‘may have adverse physical and psychological effects on the mother, can lead to death and may amount to gender-based violence and torture and inhuman and degrading treatment’”. Committee on the Elimination of Discrimination against Women, S.F.M. v. Spain (Communication No. 138/2018), CEDAW/C/75/D/138/2018, February 28, 2020, para. 7(3) and Special Rapporteur on violence against women, its causes and consequences. A human rights-based approach to mistreatment and violence against women in reproductive health services with a focus on childbirth and obstetric violence, UN Doc. A/74/137, July 11, 2019, paras. 4 and 12. Committee on the Elimination of Discrimination against Women, S.F.M. v. Spain (Communication No. 138/2018), CEDAW/C/75/D/138/2018, February 28, 2020, para 7(5). 99 Follow-up Mechanism to the Convention of Belém do Pará. Second Hemispheric Report on the Implementation of the Convention of Belém do Pará, 2012. Recommendation 9. 100 101 In Brazil, it is not a federal crime; however, the State of Santa Catarina, by Law 18.322 of 2022, defines obstetric violence as any act by a medical doctor, hospital staff or family member or companion who verbally or physically offends a woman who is pregnant, in labor or even port-partum. Its Article 35 et seq. defines the crimes. Bolivia defines “violence against reproductive rights” in Law 348 of 2013 as “the act or omission that impedes, limits or infringes the right of women to information, guidance, integral attention and treatment during pregnancy, childbirth, post-partum and lactancy; to freely and responsibly decide on the number and spacing o children; to have a maternity period without risk and to choose safe anticontraceptive methods.” In Costa Rica, Law 10081 of 2022 does not define obstetric violence, but it refers to the rights of women during the skilled, dignified and respectful care during the pregnancy, childbirth, post-partum and care of the new-born. In El Salvador, Decree 123 defines the rights relating to pregnancy, labor, childbirth and post-partum. In Mexico, there is no federal legislation on the matter; however, the States of Chiapas, Veracruz, Chihuahua, Colima, San Luis Potosí, Durango, Guanajuato, Quintana Roo, Tamaulipas and Hidalgo have defined obstetric violence in their legislation. Panama defines obstetric violence in Law 82 of 2013 as “that exercised by the health personnal over the body and reproductive processes of women, expressed in an abusive, dehumanized, humiliating or rude treatment.” Paraguay defines obstetric violence in Law 5777 of 2016 as “conduct exercised by health personnel or empirical midwives on the body of the women and of the physiological or pathological processes present during her pregnancy and the stages related to pregnancy and childbirth. It is at the same time a dehumanized treatment that violates the human rights of women.” In Peru, Supreme Decree 004-2019-MIMP identifies obstetric violence as an act of violence against women. Uruguay defines 23

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