Spain: Human Rights Committee finds obstetric violence and asks for compensation for the victim

The Spanish citizen identified as NAE was a victim of obstetric violence being subjected to premature induction of labor and caesarean section without having given her consent for such medical procedures, determined this Thursday the Committee for the Elimination of Discrimination against Women (CEDAW).

In its opinionthe UN expert group states that NAE suffers lasting physical and psychological trauma as a result of that experience.

The woman in question informed the Committee that she went to a public hospital in Donostia, Spain, at 38 weeks’ gestation, because her waters had broken. The hospital ignored the protocol 24-hour waiting period, and, without providing you with information about alternatives, induced your labor prematurely and without your consent.

C-section with arms tied

While in the hospital, NAE underwent multiple vaginal exams and was not allowed to eat. Then she had a cesarean section without medical justification. During the operation her arms were tied and her husband was not present. The caesarean section was performed by a group of resident interns in training supervised by tutors, without her consent being requested.

After birth, NAE she couldn’t touch her baby because her arms were still tied. The little boy was immediately taken to the pediatrician and NAE had no skin-to-skin contact with him. Subsequently, the woman had to consult her primary care physician for anxiety symptoms related to her experience in childbirth. The diagnosis was postpartum posttraumatic stress disorder.

Stereotypes and discrimination in Spanish courts

NAE presented its case to the Spanish courts, but throughout the administrative and judicial process it ran into gender stereotypes and discrimination. For example, it was stated that it was up to the doctor to decide whether to perform a caesarean section and that the psychological damage he suffered was only a matter of perception.

CEDAW considered that NAE was victim of obstetric violencea particular type of violence suffered by women in health centers during childbirth, a widespread, systematic and rooted phenomenon in health systems.

Hiroko Akizuki, one of the members of the Committee pointed out that if the doctors and nurses had followed all the applicable standards and protocols, the victim would probably have given birth naturally “without having to go through all these procedures that left her physically and mentally traumatized.

The expert recalled that the States party to CEDAW “have an obligation to take appropriate measures in order to modify or abolish not only laws and regulations, but also customs and practices that constitute obstetric violence”.

Reparation for the victim and training for health and judicial personnel

The Committee urged Spain to provide NAE with adequate compensation for the physical and psychological health damage suffered.

In the same way, asked the country to respect the autonomy and ability of women to make informed decisions about their reproductive healthproviding them with complete information at each stage of labor and requiring that their free, prior and informed consent be obtained for any invasive treatment during delivery care.

With respect to obstetric and health workers, the Committee urged Spain to train them on women’s reproductive health rights.

For him judicial and law enforcement personnelcalled for them to be given specialized training and to establish, publish and implement a Bill of Rights for Patients.

The Committee for the Elimination of Discrimination against Women (CEDAW) monitors the implementation by the States parties of the Convention on the elimination of all forms of discrimination against womenthat to date has 189 States parties. The Committee is made up of 23 members that they are independent human rights experts drawn from around the world, serving in their personal capacity and not as representatives of States parties. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women allows the Committee to receive and examine complaints from individuals or groups of individuals under the jurisdiction of a State party to the Optional Protocol, who claim to be victims of a violation of any of the rights established in the Convention. Till the date, 115 States have ratified or acceded to the Optional Protocol. The Committee’s views and decisions on individual communications are an independent assessment of States’ compliance with their human rights obligations under the Convention.