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Using human rights obligations to more effectively address mistreatment and violence against women in childbirth

García de Cortázar Galleguillos, Verónica; (2024) Using human rights obligations to more effectively address mistreatment and violence against women in childbirth. Doctoral thesis (Ph.D), UCL (University College London).

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Abstract

Many women experience episodes of violence, abuse, disrespect, and mistreatment when giving birth in healthcare facilities worldwide. Despite substantial evidence of the existence of this phenomenon, legal systems do not address it effectively. The thesis analyses the inadequacies of legal systems’ response to the problem of mistreatment and violence against women in childbirth through the examination of the case of Chile. It argues that a human rights approach based on the obligations that arise from the American Convention on Human Rights, the Convention of Belém do Pará, and the Convention on the Elimination of All Forms of Discrimination against Women constitutes the best alternative to address the problem more effectively and improve women’s experiences in childbirth. The first part of the thesis characterises mistreatment and violence against women in childbirth as a problematic phenomenon formed by two interconnected dimensions: interpersonal and structural. The second part analyses how the Chilean legal system responds to the problem and how the Inter-American Court of Human Rights (IACtHR) and the Committee on the Elimination of Discrimination Against Women (CEDAW Committee) have addressed the issue. The third part of the thesis proposes a framework of State obligations regarding childbirth based on relevant decisions of the IACtHR and the CEDAW Committee, showing how they address both dimensions of mistreatment and violence against women in childbirth. It argues that implementation of the obligations of the State through the modification of the current Chilean legal system constitutes an effective way to address the problem, while acknowledging that a significant amount of cultural change is also required.

Type: Thesis (Doctoral)
Qualification: Ph.D
Title: Using human rights obligations to more effectively address mistreatment and violence against women in childbirth
Language: English
Additional information: Copyright © The Author 2024. Original content in this thesis is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Licence (https://creativecommons.org/licenses/by-nc/4.0/). Any third-party copyright material present remains the property of its respective owner(s) and is licensed under its existing terms. Access may initially be restricted at the author’s request.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10198171
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