Abstract
This article examines the disrespectful, abusive and violent maternity care that many South African people face. It identifies this conduct as a human rights violation and argues that intentional abusive maternity care should be labelled as obstetric violence, a specific form of gender-based violence, and that it should be criminalised. This approach reflects a nascent global trend to act against obstetric violence, and draws inspiration from statutory crimes introduced in Venezuela and Mexico. Building on the Latin American experience, the article proposes how the current legal conception of obstetric violence should be further developed to suit the unique position of pregnant people in South Africa.
Highlights
Developing a specific legal response towards obstetric violence is necessary, for several reasons: South Africa is not expected to meet its Millennium Development Goal of reducing maternal morbidity and mortality,[3] and poor quality obstetric care is considered to be one of the causes of maternal mortality and morbidity rates.[4]
This article examines the disrespectful, abusive and violent maternity care that many South African people face. It identifies this conduct as a human rights violation and argues that intentional abusive maternity care should be labelled as obstetric violence, a specific form of gender-based violence, and that it should be criminalised
Building on the Latin American experience, the article proposes how the current legal conception of obstetric violence should be further developed to suit the unique position of pregnant people in South Africa
Summary
The term ‘obstetric violence’ first appeared in Latin America during the 2000s. According to Sánchez, activism against obstetric violence in Latin America emerged from a long history of global activism to ensure respectful childbirth.[7]. Jewkes and Penn-Kekana state that structural gender inequality, which ‘systematically devalues women and girls’, fosters an environment that allows for the infliction of violence.[34] Systematic devaluation permits poor allocation of resources and effectively disempowers women and girls.[35] Honikman, Fawcus and Meintjies state that patients are abused because of a lack of professional support for healthcare providers, hierarchical work relationships, excessive workloads, and poor infrastructure and staffing levels.[36] This discussion demonstrates that the term ‘obstetric violence’ is rooted in the notion that the way birthing women are treated in health-care facilities correlates with their broader unequal social and economic standing and constitutes a form of gender-based violence. Research (as discussed above) demonstrates that the term ‘obstetric violence’ is being used to describe a wide range of inappropriate obstetric care, which spans basic verbal abuse to serious and intentional instances of physical assault
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