Violência obstétrica e a fragilização da mulher como sujeito de direito: considerações acerca das violações dos direitos fundamentais

Abstract

The present work has the objective of analyzing obstetric violence from the perspective of the violation of fundamental rights, taking into account it’s legal and social repercussions, having as a parameter quantitative research that shows the exorbitant number of cases in which violations of the basic rights of the mother are observed. parturient. In this way, it is demonstrated that the occurrence of obstetric violence is an express form of violation of the fundamental rights of women, especially with regard to the dignity of the human person, the right to freedom of choice, the right to health and sexual and reproductive rights, evidencing the practice as a form of gender violence. The study was carried out through bibliographical and documental research. For the accomplishment of the same, legal books and articles, academic works, Brazilian and international legislation pertinent to the matter were analyzed, in addition to observing true reports of patients who were victims of due gender violence perpetrated in the act of childbirth. Obstetric violence, in all its aspects, can have a strong impact on the lives of victims, and may lead to physical and psychological suffering during childbirth. In this sense, the poor knowledge of the victim associated with the neglect of the institution, and of the health staff of the hospitals, in addition to the evident lack of specific federal legislation, only at the state level, allows the perpetuation of abusive practices that violate the rights of parturients.