CEDAW/C/75/D/138/2018
at the hands of reproductive health service providers and the neglect, mistreatment
and physical and verbal abuse that they may receive during and after childbirth. 4
Exhaustion of domestic remedies
2.11 The author maintains that she has exhausted all domestic remedies available to
her to seek redress for the poor obstetric care she received during childbirth.
2.12 On 24 June 2010, the author filed complaints with the Xeral-Calde Hospital in
Lugo and with the quality and patient services unit of the Galician Health Service.
She received no response to either. On 10 October 2010, the author filed a complaint
with the hospital’s ethics committee, but this complaint also went unanswered.
2.13 On 21 December 2011, the author submitted a claim invoking the financial
responsibility of the public administration for the functioning of health services. In
her statement of claim, she described the events that had occurred since her admission
to hospital, as well as the various shortcomings in the obstetric care she received,
which included the administration of synthetic intravenous oxytocin without
indication, information or consent; the over-frequent digital vaginal examinations;
the fact that her partner was not allowed to be with her even though constant
emotional support during labour is considered a fundamental women ’s right; the fact
that she was not allowed to move about, even though the World Health Organization
(WHO) recommends that women walk around during dilation and be allowed to
decide freely which position to adopt during delivery; the fact that she was forced to
remain in the lithotomy position despite her request to sit up; the in strumental
delivery with the ventouse and the episiotomy, which were performed without
explanation or information; the manual removal of the placenta without the necessary
preparations; her daughter’s admission to the neonatal unit for seven days; and the
interference with breastfeeding.
2.14 On 18 September 2013, the Ministry of Health of the regional government of
Galicia rejected the claim invoking the financial responsibility of the public
administration.
2.15 On 8 January 2014, the author submitted an appeal to the administrative courts.
2.16 On 5 November 2015, Administrative Court No. 1 of Santiago de Compostela
dismissed the appeal. The Court observed that the technical reports provided by the
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The author mentions that the non-governmental organization Médecins du Monde defines
obstetric violence as actions and behaviours that dehumanize and diminish women during
pregnancy, childbirth and the post-partum period, as manifest through physical and verbal
mistreatment, humiliation, lack of information and consent, the abuse of medicalization and the
pathologization of natural processes, and that lead to loss of freedom, autonomy and the ability
to make decisions concerning their body and sexuality fre ely. The author also mentions that the
Observatorio de la Violencia Obstétrica en España (the Spanish Centre for Monitoring Obstetric
Violence) has concluded that obstetric violence is a form of psychological torture. The author
also mentions the report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment (A/HRC/31/57, para. 47) as well as reports from the World
Health Organization (WHO/RHR/14.23) and the Human Rights Council (A/HRC/32/44,
para. 106 (h)). Lastly, the authors refer to academic publications such as Eugenia Álvarez
Matteazzi and Pilar Russo, Violencia obstétrica: Naturalización del modelo de atención médico
hegemónico durante el proceso de parto, Universidad Nacional de Córdoba, 2016; Laura Belli,
La violencia obstétrica: otra forma de violación a los derechos humanos , Revista Redbioética/
UNESCO, year 4, vol. 1, No. 7, January–June 2013, pp. 25–32; Marbella Camaraco,
Patologizando lo natural, naturalizando lo patológico. Improntas de la praxis obstétric , Revista
Venezolana de estudios de la mujer, vol. 14, No. 32, 2009; Cristina Medina Pradas and Paz
Ferrer Ispizua, Prevalence of obstetric violence in Spain, infographic, 2017, available at
https://mamacapaz.com/wp-content/uploads/VO.pdf; Adela Recio Alcaide, La atención al parto
en España: cifras para reflexionar sobre un problema , Dilemata, year 7, No. 18, 2015, pp. 13–26.
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