Obstetric Violence Before the Law

Normative Contrasts Between Mexico and Spain

Abstract

This article examines obstetric violence as a form of gender-based violence and a violation of human rights that occurs during pregnancy, childbirth, and the postpartum period. Drawing on the report of the United Nations Special Rapporteur, it explores the main practices that constitute this phenomenon and the structural factors that sustain it, including highly medicalized models of care, gender stereotypes, and persistent inequalities. The study then compares the regulatory responses of Mexico and Spain, revealing two divergent approaches: while Mexico explicitly recognizes obstetric violence in its legislation and has developed specific frameworks for prevention, care, and sanction, Spain has yet to legally acknowledge the concept and addresses these violations through general rules on patient autonomy and healthcare rights. Through the analysis of emblematic cases decided by the CEDAW Committee, the article highlights the insufficiency of Spain’s current safeguards. It concludes that, although both countries face common challenges in implementing respectful maternity care, conceptual and legal recognition plays a crucial role in making obstetric violence visible, measurable, and ultimately eradicable.