Emerging human rights standards on obstetric violence and abuse during childbirth

Abstract

This article considers emerging human rights standards relevant to obstetric violence and abuse during childbirth in healthcare facilities. It examines the evolution of “safe motherhood” from a focus on physical safety to the recognition of respectful and dignified care as a fundamental right. The analysis traces key developments from WHO, UN Special Rapporteurs, and landmark decisions from human rights bodies like the Committee on the Elimination of Discrimination against Women and the Inter-American Court of Human Rights. These decisions define obstetric violence as a form of gender-based discrimination, clarifying state obligations to prevent and address it through legislative reforms, training, effective complaint mechanisms, and remedies for victims. The present article emphasizes free and informed consent, addressing structural inequalities, and promoting respectful maternity care to protect women's reproductive rights.