Obstetric violence and the implications regarding the violation of women's fundamental rights

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José Carlos Lopes da Silva Junior
Flávia Gouveia da Silva

Abstract

Contextualization: Pregnant women are undoubtedly bearers of rights and duties; however, methods must be employed to ensure the fulfillment of these, especially in the context of prenatal care, childbirth, and postpartum, as they are in a vulnerable condition and therefore more susceptible to violence, in this case, obstetric violence. Problems: What is obstetric violence, the methods applied to prevent it, the rights of pregnant women, and the effects caused by these violations? Objectives: This study aims to demonstrate how such a widely debated topic remains a serious issue, affecting many women during one of the most important moments of their lives, leading to trauma, and in some cases, resulting in the death of the mother, the baby, or, in the worst-case scenario, both. Additionally, the study will explore the means implemented through legislation, regulations, recommendations from the World Health Organization, and similar efforts to reverse the situation and safeguard fundamental rights. Methods: The research method used was qualitative, through a literature review of scientific articles, literature on the subject, official government websites, and international organizations such as the UN, WHO, among other reports. Results: So far, there is no federal law that defines or typifies obstetric violence; however, protocols, manuals, and documents have been created to address such cases and help disseminate information as a form of prevention.: The study synthetically demonstrated the struggles faced by women due to their gender and the violence they may suffer during pregnancy and postpartum, as well as the solutions implemented to prevent this scenario, which still requires greater focus as it remains a national issue. Conclusion: The study synthetically demonstrated the struggles faced by women due to their gender and the violence they may suffer during pregnancy and postpartum, as well as the solutions implemented to prevent this scenario, which still requires greater focus as it remains a national problem, it is not criminally classified.

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Author Biographies

José Carlos Lopes da Silva Junior, Universidade Santa Cecília

566 / 5.000   Resultados de tradução Resultado da tradução PhD student in the Erasmus Mundus Science and Technology program at Santa Cecília University. Master in Health Law: Individual and Collective Dimensions from Santa Cecília University. Postgraduate in Labor Law, Labor Procedure, Social Security and Legal Writing. Works as a Researcher at the Brazilian Observatory of Incidents of Resolution of Repetitive Demands - IRDR in the Labor Court at FDUSP. University professor and postgraduate. Works as an Advisor to the Federal Labor Judge at the Regional Labor Court - 2nd Region.

Flávia Gouveia da Silva, Faculdade Esamc Santos

Lawyer. Bachelor's Degree in Law (ESAMC). Studying MBA in Digital Marketing Management.

How to Cite

SILVA JUNIOR, José Carlos; DA SILVA, Flávia. Obstetric violence and the implications regarding the violation of women’s fundamental rights. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 208–226, 2024. DOI: 10.5281/zenodo.14262597. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2502. Acesso em: 17 mar. 2026.