Toward to the construction of the human right to a life free from obstetric violence

constitutional and legal analysis in Mexico

Abstract

Women have historically endured various forms of violence. From the classical studies of law, sociology, anthropology, and psychology, different types of violence have been conceptualized, such as physical, psychological, verbal, institutional, economic violence, and violence against vulnerable individuals, among others. However, within constitutional legal frameworks, a specific form of violence, obstetric violence, is rarely addressed. This type of violence combines multiple forms of abuse that violate fundamental human rights such as the right to life, health, information, and others, which can be examined through the lenses of gender, intersectionality, and multiculturalism.

In light of this, the present article provides a detailed analysis of the legal framework in Mexico concerning maternal health, which aims to offer healthcare services to women during pregnancy, childbirth, and the postpartum period. While this framework primarily focuses on physical health, it neglects to address in its laws the emotional well-being and dignity of pregnant women, as well as their right to a respected and dignified maternity experience.