About the developments concerning obstetric violence in the inter-American region: review of state regulations and analysis of inter-American jurisprudence; [Sobre os avanços em matéria de violência obstétrica na região interamericana: revisão da normativa estatal e análise dos avanços jurisprudenciais interamericanos]

Maietti F.; Villarreal J.F. · Estudios de Derecho (2025) · DOI: 10.17533/udea.esde.v82n179a02

Resumen

This research focuses on the review of the latest normative and jurisprudential developments related to the phenomenon of obstetric violence in the Inter-American region, analysing the defining elements of such conduct, the possible sanctions foreseen at the legal level by different state systems and the latest jurisprudential advances of the Inter-American system on the subject. In this sense, through a comparative legal analysis, this article will examine how these innovative elements can contribute to strengthening knowledge of this practice at the state, regional and international levels, and consequently, contribute to the creation and consolidation of good practices and international standards with respect to this phenomenon. This paper studies the normative experience of four States in the Inter-American region: Argentina, Mexico, Bolivia and Peru. Finally, this article focuses on the many structural, economic and social causes that contribute to fuel the phenomenon. In this sense, it is suggested that the latter should not be considered solely as a problem of the health system of each State or as the product of the exclusive negligence of health operators, but rather, the latter should be understood as the product of a more complex contingency that can be explained by the fact that it is the result of the negligence of the health system of each State.

Instituciones: Universidad Continental