Autores: Vânia Simões

Artigo | Simões, V. (2016). A Violência Obstétrica: a violência institucionalizada contra o género. Vencedor do Prémio Teresa Rosmaninho – Direitos Humanos, Direitos das Mulheres, atribuído pela Associação Portuguesa de Mulheres Juristas (“APMJ”). Lisboa: APMJ.

Resumo: Considering the notion of violence acquires in contexts of human rights – violence against women, domestic violence, marital violence, family violence, gender-based violence – the proposition is to reflect on the category “obstetric violence” mobilized by a group of women who claim recognition of damages caused by acts perceived as violent during obstetric practices in hospitals.

Moreover, at present there is no legislation that can support the mother in specific situations, it should make use of other means to ensure their rights. Acts violators of law are recognized independent of the choice of childbirth that women do, caesarean or natural, being held in public or private hospital.

The most constant forms of obstetric violence are identified by the lack of knowledge of the mother regarding the procedures by which it will be submitted.

In this sense, the idea is to discuss how reproductive and sexual rights are in dispute in the field of criminal law & medical law and how the language of human rights is operated to express demands that are put in conflict with an existing medical-scientific discourse.

Understanding that the actors involved in these claims appropriate specific discourses of medicine to reshape them according to their different conceptions of body and care, the intent is to reflect on what is produced and operated in the “obstetric violence” as well as raise discussions about the speech operated to legitimize the position of victims of such violence.