El derecho penal como medio de prevención de la violencia obstétrica en México. Resultados al 2018.

Abstract

Introduction Mexico, following the conclusion of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, «Convention Belém do Pará» of 1994, has sought to adapt its domestic legislation to comply with the corresponding international obligations. The state of Veracruz (Mexico) has considered obstetric violence as a crime in its criminal code since 2010. After eight years, it is time to review the effects of its implementation. Methodology Through the analysis of the current norm, some health programs that have been suggested as a result of the obstetric violence, and information on medical conciliations, recommendations and denunciations, this text intends to criticize the measures taken by Mexico on obstetric violence, emphasizing that criminal law alone is not enough to prevent this kind of violence. Results and Discussion The mechanisms adopted by the Mexican government to prevent and eradicate obstetric violence seem to remain at the normative level: there are no criminal trials for the crime of obstetric violence in the state of Veracruz, eight years after its classification; the recommendations of national human rights organizations, which deal with obstetric violence, do not suggest the use of criminal law for the punishment of those who have exercised it, and obstetric violence is contemplated only when the fetus dies or is seriously affected by it; the national body of medical arbitration has, in relation to gynecological medical practice, a percentage of lower rate of convictions as compared with acquittals and/or agreements. Conclusions The experience of Mexico can be taken into consideration by other countries in order not to repeat the same mistakes and adopt measures that generate more positive outcomes. It is necessary to focus on the process of «normalization» with regard to this type of violence—as well as on the lack of measures that punish the practices of institutional obstetric violence—which tells us about the little interest shown in the respect or application of specific protocols designed to prevent it.