Analgesia de parto e o direito da paciente gestante: uma análise da garantia de não ser submetida à tortura, a tratamento desumano ou degradante

Objective: to analyze the treatment of pain in pregnant women in labor from the perspective of the human right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Methodology: this is a theoretical documentary research. The following authors are adopted as theoretical frameworks: Aline Albuquerque, Juan Méndez, Manfred Nowak, Joachim Boldt, and Jonathan Herring. The theoretical-normative reference of Patients' Human Rights is also used, as a prescriptive component of the Bioethics of Health Care, in addition to being based on bibliographic references on Human Rights, international Human Rights treaties ratified by Brazil, the jurisprudence of the Inter-American Court of Human Rights, and General Comments and Reports prepared by the United Nations Organization. Results: the treatment of labor pain is neglected in Brazil, with discrepancies between the public and private systems. The parturient is in a situation of increased vulnerability, and the denial or omission of labor pain treatment can be characterized as a violation of her right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Conclusion: labor analgesia is a right of the pregnant patient, correlated to her human right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. There is a State obligation, increased by the patient's particular vulnerability, to provide access to labor analgesia. Submissão: 04/07/25| Revisão: 07/16/25| Aprovação: 08/12/25