Portugal says enough to obstetric violence: this is what the new law provides for

From April 1, Portugal has a new law against obstetric violence, which protects women’s rights during pregnancy, childbirth and post-parto. The approved text is the result of the union of two legislative proposals presented by the Bloco de Esquarda and the environmentalist Pan party. The goal is defend the physical, psychic and emotional integrity of those who live maternityguaranteeing assistance based on informed consent, respect for dignity and access to clear and understandable information.

According to the new law, obstetric violence is defined as “any act or omission by a healthcare professional who, in the context of sexual and reproductive health, causes physical or psychological damage, limits decision -making autonomy or implies dehumanizing or degrading treatments». There is also talk of verbal attitudes, medical practices performed without explicit consent, failure to information or excessive use of interventions without clinical motivation.

One of the novelties is the obligation, for all public and private health facilities that assist the birth, to post Information signs visible with the list of the rights of the gods and the methods for reporting any abuses. Patients also have the right to be accompanied by a trusted person during all phases of assistance, including invasive exams or emergency situations, except for documented clinical risks.

Each structure will be required to respect the birth plan drawn up by the pregnant woman: a document in which the person indicates his preferences on analgesia, childbirth, contact leather contact, breastfeeding and more. The choices can be modified at any time, but never ignored without registered clinical motivations.

The law explicitly prohibits systematic practices such as routine episiotomytrichotomy (shaving of the pubis), forced administration of oxytocin and Kristeller’s maneuver.

A central point is the right of the person pregnant to choose freely if and how to breastfeed. Breastfeeding is recognized as recommended for the health of the newborn, but can never be imposed. The text of the law underlines that the promotion of breastfeeding must not translate into psychological pressure or moral judgments towards those who opt for alternatives such as artificial milk. In fact, the “forced breastfeeding” also falls within the definition of obstetric violence, Without taking into account the physical, psychological or informed choices of the mother.

Hospitals that violate these indications can be sanctioned economically. For the professionals involved, disciplinary procedures are foreseen.

To implement the law, it is established A Commission for rights in pregnancy and childbirthcomposed of experts in obstetrics, pediatrics, ethics, jurisprudence, representatives of patients and associations. The Commission will have the task of monitoring the application of the legislation, promote research, draw up an annual relationship on the quality of assistance and propose any legislative changes. It will also be involved in the compulsory training of health personnel.

The Order of Doctors, however, opposes this new rule: President Carlos Cortes defined the “poorly conceived” law, claiming that the risk is to create an atmosphere of suspicion and tension between patients and operators, discouraging clinical decision -making freedom for complaint fear. Concerns also shared by the Order of Nurses who, while recognizing the intent of the law, asks for greater guarantees and resources to be able to apply it without compromising the quality of assistance.

In any case, for the first time, A European system explicitly recognizes the possibility that even a medical act can turn into a violation of rights of the patient, if not accompanied by respect, listening and consent.