scholarly journals La violencia obstétrica en el embarazo y el parto desde la perspectiva de la vulneración de derechos: autonomía y consentimiento informado = Obstetric violence as a violation of autonomy and informed consent rights in pregnancy and childbirth

Author(s):  
Marta Busquets Gallego

<p class="Normal1"><strong>Resumen</strong></p><p>Este artículo explora la violencia obstétrica desde una perspectiva legal centrada en la vulneración de los derechos fundamentales de autonomía y consentimiento informado en el embarazo y el parto. Partiendo de una aproximación a la legalidad vigente aplicable, se explora qué relevancia tienen embarazo y parto a la hora de ejercer estos derechos, así como las creencias y condicionantes que afectan a su interpretación y ejercicio. También se hace un acercamiento a las dimensiones de las vulneraciones en este ámbito. Por último, se presentan distintas propuestas para promover el respeto a los derechos fundamentales en la atención obstétrica.</p><p><strong>Abstract</strong></p><p>This article explores obstetric violence from a legal perspective, focusing on the violation of the fundamental rights of autonomy and informed consent in pregnancy and childbirth. Starting from an approximation to the current applicable law , it explores how pregnancy and birth affect these rights, as well as the beliefs and conditions that affect their interpretation and excercise. There is also an approach to the dimensions of the violations in this area. Finally, different proposals are presented to promote  respect for fundamental rights in obstetric care.</p>

MUSAS ◽  
2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Serena Brigidi ◽  
Marta Busquets-Gallego

In this article we present two cases of obstetric violence that occurred in Barcelona between the years 2016-2017 in the same hospital: a first level subsidised center in the autonomous community of Catalonia. The cases presented are instrumental because they clearly illustrate the phenomenon of obstetric violence suffered within gender and collective conditions as they address more than one model and, because with them, we might be able to provide an in-depth understanding of similar cases that have occurred in recent years. Thus, the aim of this article is to analyze said cases in order to highlight the rights of autonomy and informed consent in pregnancy and childbirth from a gender intersectional perspective. Throughout the text we reflect on how the trivialization produced by the current individualistic ontological model has generated a deep confusion between desire and right, reproducing taylorist processes of childbirth. In these processes violence is confused with altruism, the possibility of having children with the acquisition of them, health with merchandise. We want to highlight the importance of gender determinants and intersections to adopt a complex view and to define and understand obstetric violence in order to transform the current situation.


2012 ◽  
pp. 137-160
Author(s):  
Amedeo Santosuosso ◽  
Valentina Sellaroli

In recent decades informed consent has become simply the expression of the fundamental rights of individuals despite the fact that some signs of its ambiguous nature still remain. This means that the idea of informed consent is very much influenced by external values, by the specific cultural context or by the laws in force in a certain historical period. The great amount of national and international legal references lead us to believe that, in this matter, there is a common constitutional sense, whose conceptual core is shared by the whole society and which consists of fundamental rights to self determination and to health as defined thanks to recent medical and scientific innovations. In this contribution, we shall address issues relating to individual liberty rights, examine a number of Italian and European judicial decisions concerning the right to life and self determination and consider the relationship between civil and criminal principles in matters of self determination in the light of constitutional principles deriving from the conclusion that the concept of individual from a legal perspective differs from the concept of individual from a biological perspective and that the biological boundary itself of any individual may be modified in several personal ways.


Author(s):  
Júlia Martín-Badia ◽  
Noemí Obregón-Gutiérrez ◽  
Josefina Goberna-Tricas

Background: obstetric violence is still far too invisible; the word “violence” generates rejection and obstetric violence is complex to define and typify, as it is a subjective experience. It has been widely analyzed from legal, sociological, and clinical perspectives, but not equally so from the bioethical point of view. This article sets out to take a more in-depth look at the experiences of midwives in order to describe the ethical perspectives of obstetric violence. We intend to describe the effects that malpractice and violence within obstetric care have on American and European bioethical principles. Methodology: A qualitative methodology of the phenomenological tradition was used: 24 midwives participated in three focus groups. Results and Discussion: four categories were arrived at; they are “the maleficence of forgetting my vulnerability”, “beneficence requires respect for my integrity and dignity”, “my autonomy is being removed from me” and “a problem of social justice towards us, women”. Conclusion: obstetric violence infringes on the main bioethical principles (non-maleficence, beneficence, autonomy, justice, vulnerability, dignity, and integrity). Beyond whether it is called violence or not, what matters from an ethical perspective is that, as long as women have such negative experiences during pregnancy and childbirth, obstetric care needs better humanizing.


2012 ◽  
Vol 21 (1) ◽  
pp. 45-47 ◽  
Author(s):  
Judith A. Lothian

In this column, the author explores current understandings of risk and safety in pregnancy and childbirth. An emphasis on risk management places the provider and hospital in control of women’s decisions related to pregnancy and birth and may make pregnancy and birth less safe for mothers and babies. Accepting that no life is risk free, women can let go of fear and make choices that take into account real, not imagined, or exaggerated risk and, in doing so, increase safety for themselves and their babies. The focus of maternity care becomes enhancing safety through evidence-based practice rather than managing risk.


2021 ◽  
pp. 68-70
Author(s):  
Shree Bharathi ◽  
Kubera N S ◽  
Niveditha Jha ◽  
Sairem Mangolnganbi Chanu

Neurobromatosis (NF) type1 is a relatively common genetic neurocutaneous disorder with variable clinical expression. It has been linked with obstetric complications like preeclampsia in the mother and fetal growth restriction(FGR), preterm birth and stillbirth in the fetus. NF1 is frequently associated with bony dysplasia and neurological manifestations like seizure disorder, large disguring plexiform neurobroma and malignant nerve sheath tumors. Due to the above-mentioned concerns, pregnancy and childbirth can be challenging in women with NF1. Timely screening and regular monitoring are required for early diagnosis and treatment of these conditions, to ensure optimal obstetric care. We present in our case series, the management, maternal and fetal outcomes of 7 pregnancies in ve women with neurobromatosis.


Author(s):  
Desirée Mena-Tudela ◽  
Susana Iglesias-Casás ◽  
Víctor Manuel González-Chordá ◽  
María Jesús Valero-Chillerón ◽  
Laura Andreu-Pejó ◽  
...  

Background: Obstetric violence is a worldwide public health problem, which seems greater in Spain. As no studies were found that identify the most representative healthcare professionals, times, and areas involved in obstetric violence, the objective of this work was to study at what time of maternity, with which professionals, and in what areas women identified obstetric violence. Methods: This descriptive, retrospective, and cross-sectional study was performed from January 2018 to June 2019. The main variables were the area (hospital, primary care, both), the time (pregnancy, birth, puerperium), and the professionals attending to women. Results: Our sample comprised 17,541 participants. The area identified with the most obstetric violence for the different studied variables was hospitals. Women identified more obstetric violence at time of birth. Findings such as lack of information and informed consent (74.2%), and criticism of infantile behavior and treatment (87.6%), stood out. The main identified healthcare professionals were midwives and gynecologists, and “other” professionals repeatedly appeared. Conclusions: Having identified the professionals, times, and areas of most obstetric violence in Spain, it seems necessary to reflect on not only the Spanish National Health System’s structure and management but also on healthcare professionals’ training.


2020 ◽  
Vol 65 (4) ◽  
pp. 466-473 ◽  
Author(s):  
Molly R. Altman ◽  
Monica R. McLemore ◽  
Talita Oseguera ◽  
Audrey Lyndon ◽  
Linda S. Franck

1977 ◽  
Vol 15 (22) ◽  
pp. 88-88

Consumers’ Association has just published a revised and up-to-date edition of this comprehensive guide to pregnancy and childbirth. The book is a straightforward account for women of what should happen when all goes well, and also deals with what might happen if anything goes wrong; it gives information on rhesus incompatibility, threatened miscarriage, toxaemia, rubella and other infectious diseases in pregnancy, and advises on how to cope with a stillbirth. Types of anaesthesia and pain-relieving drugs, methods of assisted births and caesarean section are described. Apart from medical aspects, Pregnancy Month by Month explains what financial benefits are available and how and when to claim them.


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