Parliament removes ‘obstetric violence’ from pregnancy rights law

Portugal’s Parliament has approved new legislation aimed at strengthening women’s rights during pregnancy, childbirth and the postnatal period, but removed references to “obstetric violence”, replacing the term with broader wording that has already sparked criticism from campaigners.

The revised text, approved by MPs on Friday, replaces the expression “obstetric violence” with “inappropriate, disrespectful or non-consensual practices” affecting women during pregnancy, childbirth and the postnatal period.

The legislation originated from a bill introduced by the left-wing Livre party but was amended by Parliament’s Health Committee before being approved.

The change was swiftly condemned by the Portuguese Association for Women’s Rights in Pregnancy and Childbirth (APDMGP), which announced it will report the matter to both the Ombudsperson and the UN Committee on the Elimination of Discrimination against Women (CEDAW).

In a statement, the association said it recognised that opinions differ over the terminology but argued that removing the expression “obstetric violence” risks making victims’ experiences less visible.

“It is not possible to transform, prevent or eradicate a reality that we refuse to name,” the organisation said.

The APDMGP stressed that the term does not target healthcare professionals but rather refers to the healthcare system in which abusive or disrespectful practices can occur. It added that international scientific literature describes obstetric violence as a structural phenomenon linked to institutional practices, power imbalances and gender inequality that can cause physical, psychological and emotional harm.

The association also noted that the UN Human Rights Council recently recognised reproductive violence as a distinct form of gender-based violence and warned that removing the expression from Portuguese law represents a legislative setback that could make it harder to recognise, prevent and eliminate such practices.

The amendments also proved controversial in Parliament, with Livre voting against the final text. During the debate, Livre MP Isabel Mendes Lopes argued that “obstetric violence exists, is real and has consequences that last for decades”, saying the new wording failed to reflect the seriousness of the issue.

Under the new law, inappropriate, disrespectful or non-consensual practices include medical procedures carried out without a justified clinical indication, without proven benefit to the woman or newborn, without adequate information or informed consent, or in ways that undermine a woman’s dignity, autonomy, privacy or physical and emotional integrity.

The legislation also requires obstetric procedures to comply with clinical guidelines issued by the Directorate-General of Health (DGS) and the best available scientific evidence, while reaffirming the need for informed consent except in emergencies where obtaining it is impossible.

Where repeated failures to comply with clinical or legal standards are suspected, the law allows for clinical audits to be ordered. It also establishes a National Council for the Protection of Pregnancy and Perinatal Care.

Supporters of the revised wording argued that the legislation should focus on improving care rather than terminology.

Iniciativa Liberal (IL) MP Joana Cordeiro said the previous law had been approved without sufficient consultation, while Chega argued that the revised wording provides greater legal certainty. CDS-PP also backed the changes, saying the legislative process had corrected shortcomings in the previous text.

Source: LUSA