Stop to obstetric violence and right to choose whether and how to breastfeed: Portugal’s new law is the first in Europe to protect the rights of women who give birth
We talked about ten times, by anegoning some form of regulation that can put an end to harassment and humiliations in the delivery room. Still, obstetric and gynecological violence is always there and too little is still talked about.
It is no coincidence, in fact, that already in 2014, the World Health Organization (WHO) published a declaration for the prevention and elimination of the abuse and the lack of respect during childbirth assistance at the hospital facilities, in which the types of “disrespectful and abusive” treatments are listed towards women during childbirth. In 2018, however, the WHO recommendations on assistance for “a positive childbirth experience” provided guidelines to the countries of the international community based on the protection and respect for human rights.
But it is not enough and it is necessary to go further. In Portugal a small step forward is made and the government issues a new law that aims to protect all women pregnant from possible acts of obstetric violence for “defend the physical, psychic and emotional integrity of those who live maternity, guaranteeing assistance based on informed consent, respect for dignity and access to clear and understandable information“.
The rights to preconception, medically assisted procreation, pregnancy, pregnancy, childbirth, childbirth and postpartum “of women,” through the creation of measures and the protection against obstetric violence, as stated in the Diário da República, are at stake.
The new Portugal law
The new law defines obstetric violence a “Any act or omission by a healthcare professional who, in the context of sexual and reproductive health, provokes physical or psychological damage, limits decision -making autonomy or implies dehumanizing or degrading treatments“.
These also include verbal attitudes, medical practices performed without explicit consent, failure to information or excessive use of interventions without clinical motivation.
From now on, all public and private health facilities in Portugal who assist the birth will be required to exhibit Information signs with the list of the rights of the gods and the methods for reporting any abuses. In addition, patients may be accompanied by a trusted person during all phases of assistance, including invasive exams or emergency situations, as long as there are no documented clinical risks.
In addition, each pregnant woman can make a “birth plan”, in which she will have indicated her preferences on analgesia, childbirth, skin contact, breastfeeding and more.
The law explicitly prohibits systematic practices such as:
Breastfeeding
A great turning point also Article 15 which recognizes the pregnant woman right to freely choose if and how to breastfeed.
The right to breastfeeding must be respected and protected, so that the mothers can make it, and must be encouraged, but not forced, to breastfeed, reads.
The text of the law underlines that the promotion of breastfeeding must not translate into psychological pressure or moral judgments towards those who opt for alternatives such as artificial milk. In fact, the “forced breastfeeding” also falls within the definition of obstetric violence, without taking into account the physical, psychological or informed choices of the mother.
Hospitals that violate these indications can be economically sanctioned. For the professionals involved, disciplinary procedures are foreseen.
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