Obstetric violence criminalised in Mexico: a comparative analysis of hospital complaints filed with the Medical Arbitration Commission

• Published in: BMJ sexual & reproductive health Vol. 46; no. 1; pp. 38 - 45
• Main Authors: Calvo Aguilar, Omar, Torres Falcón, Marta, Valdez Santiago, Rosario
• Format: Journal Article
• Language: English
• Published: England BMJ Publishing Group LTD 01.01.2020
• Subjects: Behavior; Childbirth & labor; Complaints; Convictions; Criminalization; Emotional abuse; Empowerment; Health care; Health services; Human rights; Obstetrics; Professional misconduct; Reproductive health; Reproductive rights; Sanctions; Violence; Womens health; Mexico; disrespect and abuse; obstetric violence; reproductive health politics
• ISSN: 2515-1991; 2515-2009
• DOI: 10.1136/bmjsrh-2018-200224

IntroductionDisrespect and abuse during childbirth have been reported by numerous countries around the world. One of their principal manifestations is the performance of invasive or surgical procedures without the informed consent of women. Non-dignified treatment is the second most common form of this conduct. Five Mexican states have classified obstetric violence as a crime: Aguascalientes, Chiapas, Guerrero, the State of Mexico and Veracruz. The others have not yet done so although it is provided for in their civil and administrative regulations.ObjectiveTo analyse whether criminalising obstetric violence has been conducive to the recognition and observance of the reproductive rights of women, based on the records of poor health care complaints filed by women with the Medical Arbitration Commissions (CAMs by their Spanish initials) in two Mexican states.Materials and methodsWe conducted an observational qualitative study using a phenomenological approach. Analysis included two states with similar partner demographic and maternal health indicators but different legal classifications of obstetric violence: the Chiapas has criminalized this form of violence while Oaxaca has not. We reviewed the records of obstetric care complaints filed with CAMs in both states from 2011 to 2015, all of them concluded and including full information.ResultsDifferences were observed regarding the contents of complaints, specifically in the categories of abuse, discrimination and neglect during childbirth. The narratives in the other complaint categories were similar between states.ConclusionAfter analysing the records of malpractice complaints in Chiapas and Oaxaca, we conclude that the differentiated legal status of obstetric violence has not influenced recognition or observance of the reproductive rights of women. Criminalising obstetric violence has not improved care provided by health personnel.