European policies for respectful childbirth and women’s rights

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Silvia Brunello (ICF), Magali Gay-Berthomieu (ICF), Beth Smiles (ICF), Eneidia Bardho (ICF), Clémence Schantz (Thematic Expert), Virginie Rozee (Thematic Expert)

Obstetric and gynaecological violence lies at the intersection of gender inequalities and the power imbalance between patients and healthcare professionals. Despite gaining recognition over the past 20 years and being recently included in the EU policy agenda, it still lacks a commonly agreed definition, making it difficult to address through public policies and to ensure women's access to redress mechanisms. No EU Member State has legally recognised it as a form of gender-based violence or developed a specific regulatory framework. Existing legal provisions, based on patient rights, non-discrimination, or gender-based violence laws, do not effectively guarantee access to justice. Furthermore, the absence of harmonised data makes it challenging to assess its prevalence and manifestations. Limited public awareness, along with stereotypes and financial and legal barriers, discourages women from filing complaints. However, civil society initiatives and social media campaigns have helped to raise awareness, enabling women to recognise these experiences as violence and access support. Some countries, including Belgium, France, Germany, Luxembourg, and Spain, have started acknowledging the issue in their legal and policy frameworks, though not always explicitly as violence. While there is some resistance among healthcare professionals, particularly outside midwifery, initiatives have emerged to improve understanding of the issue and promote positive changes in clinical practice.

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Virginie Rozée and Clémence Schantz (France), Rodante van der Waal and Marit van der Pijl (The Netherlands), Barbora Holubová (Slovakia), Stella Villarmea and Adela Recio Alcaide (Spain)

Childbirth care in Spain remains overly interventionist, with many practices lacking medical justification, particularly in private healthcare. Overmedicalisation affects women, newborns, and healthcare staff, often violating informed consent and human rights. Obstetric violence, rooted in structural issues such as gender stereotypes and medical authority, has gained recognition through feminist advocacy and international rulings, though legal acknowledgment faces resistance. Recommendations include institutional recognition of obstetric violence, adequate funding, adherence to evidence-based practices, transparency in birth care data, enhanced midwifery roles, and alternatives to hospital births. Comprehensive staff training and human rights-based reforms are essential to improving maternal care.

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 Patrizia Quattrocchi

The study informs the European Commission about obstetric violence in EU Member States, its understanding, and current responses. It highlights the lack of a unified definition, which hinders legal standards and policy frameworks, and underscores the structural causes, including health system constraints, discriminatory laws, gender stereotypes, and power dynamics. Data collection on obstetric violence is limited, impeding effective action. The study recommends that the European Commission promote knowledge exchange, develop measurement indicators, and fund research and legal reviews. At the national level, it urges Member States to strengthen legal frameworks, implement healthcare protocols, train professionals, conduct research, and support civil society initiatives to raise awareness and assist victims. A comprehensive, coordinated EU-wide response is essential to address this issue effectively.

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Committee on Women's Rights and Gender Equality
Rapporteur: Predrag Fred Matić

The Committee on Development urges the Committee on Women’s Rights and Gender Equality to integrate key recommendations into its resolution, highlighting the impact of the pandemic on access to education, healthcare, contraception, and sexual education, which has increased risks of early pregnancies, female genital mutilation (FGM), and domestic violence. It emphasizes the importance of sexual and reproductive health and rights (SRHR) as fundamental human rights, calling for universal access to healthcare, comprehensive sexuality education, and the elimination of harmful practices like FGM and child marriage. The resolution stresses the need for gender-sensitive policies, improved maternal healthcare, and access to safe and legal abortion, while condemning violations of SRHR. It calls on the EU and Member States to uphold commitments to gender equality, strengthen SRHR policies, and ensure access to essential services, particularly in the context of the COVID-19 pandemic’s disproportionate impact on women and girls.

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Origin – Assembly debate on 3 October 2019 (34th Sitting) (see Doc. 14965, report of the Committee on Equality and Non-Discrimination, rapporteur: Ms. Maryvonne Blondin). Text adopted by the Assembly on 3 October 2019 (34th Sitting).

The Parliamentary Assembly of the Council of Europe highlights the prevalence of gender-based violence in Europe, emphasizing obstetric and gynecological violence as an overlooked issue. It reaffirms support for the Istanbul Convention and calls for greater awareness and action to combat all forms of violence against women. Obstetric violence, including non-consensual medical procedures, remains unaddressed in many countries despite recognition by international organizations. The Assembly urges member states to implement measures such as improved data collection, awareness campaigns, medical training, legal protections, and support services for victims, while also advocating for better working conditions for healthcare providers to ensure humane and respectful care.

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