Obstetric violence as gender-based violence

Reflections on the violation of women's fundamental rights in the absence of criminal classification in the Brazilian legal system

Abstract

The main objective of this article is to carry out a discussion that articulates the problem of obstetric violence as gender violence - considering its historical, economic and political roots that are at the base of the social relations of production and reproduction of class societies -, to the performance of the legal system against the non-criminal classification of such situations. Obstetric violence refers to abusive, negligent or disrespectful practices during childbirth and prenatal care, which violate women's rights and dignity. For this, we combine a research methodology based on a bibliographical review, on the qualitative analysis of secondary data (FPA), as well as on comparative law, aiming to analyze the legal and juridical approaches adopted in different countries in relation to obstetric violence. We understand that bringing up the debate on the issue of obstetric violence in articulation with a form of gender violence is extremely important, as it is a violation of women's fundamental rights in view of the absence of criminal classification in the Brazilian legal system. Therefore, it is essential to take into account that this form of violence reflects the patriarchal order of gender.