Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System
Obstetric violence is a practice recognized as a violation of human rights by international documents and organizations. According to the due diligence standard, applied by the Inter-American Human Rights System, states must make available a variety of resources and preventive measures that addresse...
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| Format: | Article |
| Language: | English |
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Universidad Nacional Autónoma de México
2025-03-01
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| Series: | Boletín Mexicano de Derecho Comparado |
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| Online Access: | https://revistas.juridicas.unam.mx/index.php/derecho-comparado/article/view/19236 |
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| author | Júlia Silva Gonçalves Sheila Stolz |
| author_facet | Júlia Silva Gonçalves Sheila Stolz |
| author_sort | Júlia Silva Gonçalves |
| collection | DOAJ |
| description | Obstetric violence is a practice recognized as a violation of human rights by international documents and organizations. According to the due diligence standard, applied by the Inter-American Human Rights System, states must make available a variety of resources and preventive measures that addresses the structural causes of violence against women. The case of Brítez Arce et al. v. Argentina shed a light on this women’s right violation and the need for states to act with due diligence on the structural causes that keep those practices in force. Therefore, with this study we aim to understand how this case strengthens state’s obligation to provide due diligence and what are the possible gaps in the decision. The authors draw on bibliographic research utilizing intersectionality as a theoretical framework and conclude that, although that decision is important as a leading case in OV, it presents some gaps. Those gaps are the lack of analysis in depth of social markers at play and their repercussions for women’s reproductive rights and social justice, the absence of a mandatory determination for adequate training of health professionals with a gender perspective, the need to promote Public Policy and facilitated access to justice for vulnerable communities.
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| format | Article |
| id | doaj-art-556b78fed3244193a8a861e439da4d3d |
| institution | DOAJ |
| issn | 0041-8633 2448-4873 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Universidad Nacional Autónoma de México |
| record_format | Article |
| series | Boletín Mexicano de Derecho Comparado |
| spelling | doaj-art-556b78fed3244193a8a861e439da4d3d2025-08-20T03:07:10ZengUniversidad Nacional Autónoma de MéxicoBoletín Mexicano de Derecho Comparado0041-86332448-48732025-03-015817210.22201/iij.24484873e.2025.172.19236Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights SystemJúlia Silva Gonçalves0Sheila Stolz1Universidad Federal de Rio GrandeUniversidad Federal de Rio GrandeObstetric violence is a practice recognized as a violation of human rights by international documents and organizations. According to the due diligence standard, applied by the Inter-American Human Rights System, states must make available a variety of resources and preventive measures that addresses the structural causes of violence against women. The case of Brítez Arce et al. v. Argentina shed a light on this women’s right violation and the need for states to act with due diligence on the structural causes that keep those practices in force. Therefore, with this study we aim to understand how this case strengthens state’s obligation to provide due diligence and what are the possible gaps in the decision. The authors draw on bibliographic research utilizing intersectionality as a theoretical framework and conclude that, although that decision is important as a leading case in OV, it presents some gaps. Those gaps are the lack of analysis in depth of social markers at play and their repercussions for women’s reproductive rights and social justice, the absence of a mandatory determination for adequate training of health professionals with a gender perspective, the need to promote Public Policy and facilitated access to justice for vulnerable communities. https://revistas.juridicas.unam.mx/index.php/derecho-comparado/article/view/19236obstetric violencehumans rightsInter-American System of Human Rightsintersectionalityreproductive rights |
| spellingShingle | Júlia Silva Gonçalves Sheila Stolz Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System Boletín Mexicano de Derecho Comparado obstetric violence humans rights Inter-American System of Human Rights intersectionality reproductive rights |
| title | Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System |
| title_full | Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System |
| title_fullStr | Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System |
| title_full_unstemmed | Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System |
| title_short | Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System |
| title_sort | obstetric violence as a violation of the due diligence standard in the inter american human rights system |
| topic | obstetric violence humans rights Inter-American System of Human Rights intersectionality reproductive rights |
| url | https://revistas.juridicas.unam.mx/index.php/derecho-comparado/article/view/19236 |
| work_keys_str_mv | AT juliasilvagoncalves obstetricviolenceasaviolationoftheduediligencestandardintheinteramericanhumanrightssystem AT sheilastolz obstetricviolenceasaviolationoftheduediligencestandardintheinteramericanhumanrightssystem |