Obstetric violence and the parturient’s rights: the glance from the Brazilian Judiciary
Objective: the current study investigates the obstetric violence through judged cases, under the Judiciary’s perspective about the theme. Methodology: it is a literature review study, whose research happened from June of 2019 to January of 2020. For contextualization and analysis of the problem, a b...
| Autores: | , , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2020 |
| País: | Brasil |
| Institución: | Fundação Oswaldo Cruz (FIOCRUZ) |
| Repositorio: | Cadernos Ibero-Americanos de Direito Sanitário (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.cadernos.prodisa.fiocruz.br:article/604 |
| Acceso en línea: | https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/604 |
| Access Level: | acceso abierto |
| Palabra clave: | Violence against women. Gender based violence. Judiciary. Brazil. Violencia contra la mujer. Violencia de género. Poder Judicial. Brasil. Violência contra a mulher. Violência de gênero. Poder Judiciário. Brasil. |
| Sumario: | Objective: the current study investigates the obstetric violence through judged cases, under the Judiciary’s perspective about the theme. Methodology: it is a literature review study, whose research happened from June of 2019 to January of 2020. For contextualization and analysis of the problem, a bibliographic search was performed through indexed scientific sources in Bireme, Latindex, and Scielo database. The judges analyzed were selected in the website Jusbrasil, whose sampling was made through the results of search by the term obstetric violence. Five cases were selected as samples to the development of the article. Results: obstetric violence can be considered a type of gender, symbolic, and institutional violence. As it is rooted in the feminine everyday life, in many situations, it is naturalized. However, the increasing access to information, among other facts, has been causing a change in the attitude, proved through the growth of judicial complaints and demands. However, from the examination of the judges was possible to identify the lack of knowledge from magistrates about the theme, which results, in some occasions, in the mitigation of the rights by the own Judiciary Branch. Conclusion: even in spite of the debate about violence against women, obstetric care is still little discussed and greatly invisibilized. It is manifested in extremely delicate phases, pregnancy and childbirth, mitigating not only the rights and dignity of parturients, but, equally, of the unborn child. Moreover, the highest incidence of this type of violence are still the environment of public hospitals, which users are, mostly, black and poor. |
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