Giving birth in Chile: The Obstetric Violence and its violation of Human Rights. Criticism of the absence of regulation in the chilean law with a gender perspective in the matter

Authors

  • Fernanda Cuevas Gallegos

Abstract

The present work seeks to address the issue of the birth treatment and violation of fundamental rights to women that occur in moments previous, during and after childbirth from a gender perspective that will encompass the current social legal treatment in the matter. Different ways in which obstetric violence is expressed will be identified, and this will be recognized as a form of torture or cruel, inhuman and degrading treatment, whichever is the modality manifested, which is established in International Human Rights Law in accordance with the international treaties that Chile has ratified in the matter. This will be critically evidenced by the lack of regulation on obstetric violence in our country, through the analysis of comparative legislation on the subject, international treaties, observations and comments made by national and international organizations and it will be concluded with a criticism that will response through a new proposal of legal treatment in the matter

Keywords:

Women, Obstretic Violence, Women's Rights, Health, Birth