Abstract Current legal responses are not able to effectively address obstetric violence and mistreatment in childbirth. This inadequacy stems from their failure to recognise that this phenomenon has a structural dimension related to the broader oppression women experience regarding childbirth, which manifests both during and beyond events of obstetric violence and mistreatment in childbirth. This structural oppression typically takes three forms: masculine domination, seen in the application of gender stereotypes regarding childbirth; professional domination of health professionals, evident in the performance of non-consensual medical procedures; and structural violence, apparent in the lack of access to appropriate healthcare services. Structural oppression of women in childbirth must be addressed because it is fundamentally unjust and violates women’s human rights. The identification of State obligations regarding childbirth constitutes a promising framework for addressing this structural oppression as well as obstetric violence and mistreatment in childbirth more generally.
Verónica García de Cortázar (Fri,) studied this question.