Already in 2019, the UN Special Rapporteur on violence against women presented the report “A human rights-based approach to abuse and violence against women for reproductive health, with a particular focus on obstetrics and obstetric violence”, which presented for the first time dehumanized treatment under international human rights law. Humiliating and painful to which many women around the world are systematically exposed. www.sociedadmarce.org/detall.cfm/ID/13719/MARES/la-onu-condena-espanya-por-violencia-obstetrica.htm www.eldiario.es/opinion/zona-critica/violencia-obstetrica-ley-salud-sexual-reproductiva_129_8310257.html www.publico.es/sociedad/violencia-genero-violencia-obstetrica-gobierno-planea-reconocerla-ley.html Recently, the WHO has more than once pointed the finger at obstetric violence, defined as the presence of treatment. Humiliation and discrimination against women during pregnancy, childbirth and postpartum by health workers, which is why it has developed documents and guidelines to eliminate and prevent this phenomenon. There are many complaints and demands to eliminate obstetric violence, which can be integrated into sexual and reproductive rights. In addition, obstetric violence is a type of gender-based violence, which means that women`s privacy, dignity and freedom of expression are compromised. Similarly, given the seriousness of this event, there is a great need to make obstetric violence visible and to offer a legal response, as was previously the case for female genital mutilation. Similarly, a year ago, the UN Committee on the Elimination of Discrimination against Women (CEDAW) issued an opinion describing the abuse suffered by a woman during childbirth, claiming that unjustified procedures had been carried out without her knowledge or permission. For this reason, the Committee on the Elimination of Discrimination against Women decided that, in addition to compensating the victim, the Spanish State should create and implement a series of measures to eliminate obstetric violence.
Based on all the evidence presented in this argument, it can be said that the proposed amendment to the Sexual and Reproductive Health Act is a necessity. Other countries such as Venezuela, Argentina or Mexico are already considering this type of violence at the legal level, so legal proceedings will be taken if necessary. Making obstetric violence visible is in line with the legal framework of international human rights law, UN recommendations, and social and feminist struggles for human and women`s rights in relation to their sexual and reproductive health. In recent weeks, the proposal for reform of the Sexual and Reproductive Health Act, presented by the Ministry of Equality of the Spanish Government and the Women`s Institute, has been known. This proposal aims to modify voluntary abortion and include obstetric violence. According to the World Health Organization (WHO), sexual and reproductive health is not only the absence of disease, but also a state of physical, emotional, mental and social well-being in relation to all aspects of sexuality and reproduction. The achievement of sexual and reproductive health among women is observed, inter alia, in sexual rights (which include, inter alia, the opportunity to have pleasurable and forced sexual experiences, to have access to sex-related information and services, and not to be genitally mutilated) and reproductive rights (e.g. the possibility of deciding whether or not to have children, the possibility of access to contraceptives, access to safe abortion services, the right not to be forcibly sterilized and to have quality pregnancy, childbirth and postpartum care, etc.). Therefore, without these rights, it is not possible to guarantee women`s sexual and reproductive health.