CEDAW/C/75/D/138/2018
demonstrates that the domestic judicial authorities did not perform an exhaustive
analysis of the evidence presented by the author.
7.5 The Committee recalls that, under article 2 (a) of the Convention, States parties
have an obligation to ensure the practical realization of the principle of equality of
men and women, and that, under articles 2 (f) and 5, States parties have an obligation
to take all appropriate measures to modify or abolish not only existing laws and
regulations but also customs and practices that constitute discrimination against
women. 30 The Committee considers that stereotyping affects the right of women to be
protected against gender-based violence, in this case obstetric violence, and that the
authorities responsible for analysing responsibility for such acts should exercise
particular caution in order not to reproduce stereotypes. In the present case, the
Committee observes that there was an alternative to the situation experienced by the
author, given that her pregnancy had progressed normally and without complications
and that there was no emergency when she arrived at the hospital but that,
nevertheless, from the moment she was admitted, she was subjected to numerous
interventions about which she received no explanation and was allowed to express no
opinion. Furthermore, the Committee observes that the administrative and judicial
authorities of the State party applied stereotypical a nd thus discriminatory notions by
assuming that it is for the doctor to decide whether or not to perform an episiotomy,
stating without explanation that it was “perfectly understandable” that the father was
not allowed to be present during the instrumental delivery and taking the view that
the psychological harm suffered by the author was a matter of “mere perception”, but
that they did show empathy towards the father when he stated that he had been
deprived of sexual relations for two years.
7.6 Consequently, acting under article 7 (3) of the Optional Protocol, the Committee
is of the view that the facts before it reveal a violation of the rights of the author under
articles 2 (b), (c), (d) and (f), 3, 5 and 12 of the Convention.
8.
In the light of the above conclusions, the Committee makes the following
recommendations to the State party:
(a) Concerning the author: provide appropriate reparation, including adequate
financial compensation for the damage that she suffered to her physical and
psychological health;
(b)
General:
(i) Ensure women’s rights to safe motherhood and access to appropriate
obstetric services, in accordance with general recommendation No. 24 (1999)
on women and health; and, in particular, provide women with adequate
information at each stage of childbirth and establish a requirement for their free,
prior and informed consent to be obtained for any invasive treatment performed
during childbirth, except in situations where the life of the mother and/or the
baby is at risk, thereby respecting women’s autonomy and their capacity to make
informed decisions about their reproductive health;
(ii) Conduct research into obstetric violence in the State party in order to shed
light on the situation and thus provide guidance for publ ic policies to combat
such violence;
(iii) Provide obstetricians and other health workers with adequate professional
training on women’s reproductive health rights;
__________________
30
20-04882
See González Carreño v. Spain (CEDAW/C/58/D/47/2012), para. 9.7.
13/14
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