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