2023-12-07 06:02:00
The persistence of obsolete and discriminatory structures and practices in medicine and law has historically marginalized women from decision-making, leaving their health and autonomy in the hands of a predominantly male perspective. Obstetric violence is a painful manifestation of this legacy, one where women face invasive and dehumanizing procedures, often normalized by the very professionals who should protect them.
I will address an emblematic case, respecting the presumption of innocence, that exemplifies the alarming reality of obstetric violence. This is a doctor, whom we will refer to as Dr. Jesús “N” to safeguard due process. The accusations against them portray a disturbing pattern of abuses in the field of reproductive health: provision of medications without consent or in incorrect doses, performance of unnecessary surgical interventions, serious complications in fertility processes that should have been simple, retention of medical records and fatal consequences during childbirth in four cases. This case reflects the magnitude of obstetric violence faced by countless women, setting a critical precedent in the fight for justice and integrity in healthcare.
Jesús “N” and his team allegedly perpetrated acts of obstetric violence systematically and repeatedly, which, if proven, could constitute an organized crime operation against their patients. Their victims are part of the statistics in Mexico where, according to the INEGI, 31.4 percent of women and pregnant people who have given birth have suffered obstetric violence, both in public and private health services.
The actions of Jesús “N” not only contradict medical ethics, but underscore the urgent need for legal action and reforms to protect women and expectant mothers from such abuses. We are facing a health and human rights epidemic. And yet, there are few preventive actions, and even fewer resources for victims to demand justice. As long as obstetric violence is not classified as a crime in the Federal Penal Code, survivors may only sue for civil damages, file administrative complaints or follow a conciliation procedure before the National Medical Arbitration Commission (CONAMED). The reality is that most cases are dismissed under the principle of lex artis Médica; a pretext to justify that medicine has always been practiced this way and that other medical colleagues would have acted the same. Jesús ‘N’ and his team embody the status quo of a medical and legal system that must change to ensure that there are no more victims of obstetric violence.
Within the framework of the 16 days of activism around the International Day for the Elimination of Violence against Women, I make an urgent call for the Congress of the Union to include in the Federal Penal Code the crime of gynecological-obstetric violence, with a broad, clear definition with a strong component of reparation for the victims. and I urge
also to the entire National Health System to assume the responsibility of putting women’s rights to health, life and personal integrity, above misogynistic and outdated medical customs. It is time for a change. It is time to act.
José Luis Nassar Peters, Criminal Lawyer
@gueronassar
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