A way forward: criminal law as a possible remedy in addressing gynaecological and obstetric violence?

This paper evaluates the potential of criminal law as a remedy to address gynaecological and obstetric violence (GOV). Despite its prevalence, GOV remains underreported due to societal stigma and insufficient legal recognition at both international and regional levels. The paper begins by addressing the absence of a universally accepted legal definition of GOV, framing it as a violation of women’s human rights. It then explores the efficacy of criminal law in addressing the multifaceted nature of GOV, which encompasses physical, mental, and emotional abuses. Drawing on the experiences of Venezuela and France, the paper highlights the divergent legal approaches to defining and criminalizing GOV. Venezuelan legislation provides a detailed definition focusing on the dehumanizing treatment and loss of autonomy experienced by women, whereas the recent French proposal broadens the scope to include sexist offences within obstetric and gynaecological care. The paper argues for the preference of the broader concept of GOV over obstetric violence (OV) to encompass abuses occurring in various reproductive health contexts. Furthermore, it examines international and regional human rights frameworks, including the jurisprudence of the CEDAW Committee and the Inter-American and European Courts of Human Rights, identifying GOV as a form of gender-based violence and potential inhuman or degrading treatment. The discussion then focuses on the shortcomings of tort and disciplinary law in addressing GOV, advocating for criminal law as a more effective deterrent and means of societal education. Ultimately, the paper calls for a nuanced approach, combining legal reform with educational initiatives to eradicate the cultural norms perpetuating GOV.