Spain: Compensation to woman who forced her to give birth prematurely – She was tied up and had a caesarean section

Her state Spain must pay compensation to a woman, who was forced by the doctors to give birth prematurely and at the same time her hands were tied, excluding communication with her family, so that she could be subjected to cesarean. In fact, this particular story came to light because United Nations committee condemned Spain and forced the Spanish state should pay the compensation.

According to Reuters, Madrid was found guilty of “obstetric violence” against the woman, who was not named. According to her complaint, doctors at the Donostia public hospital forced her to give birth prematurely, without her consent. They proceeded to a caesarean section, without her husband being present and she was not immediately allowed to hold her newborn son because she was still bedridden.

Spain’s Ministry of Health declined to comment on the case. It said only that a bill passed in May promotes “good practice” in childbirth through a series of guidelines.

Violence against women during childbirth is widespread, systematic and deeply rooted in health systems. It can cause physical and mental harm, according to the UN. However, such cases are rarely investigated. One of the few investigated in the past, in 2020, again involved Spain. In 2004 Hungary was held responsible by the UN Commission for the forced sterilization of a woman following a miscarriage.

In the case of Donostia, the woman suffered physical and mental trauma, according to the Commission. In the Spanish court where she appealed she was told that the doctors they are the ones who decide on caesareans and that her trauma is just “a matter of perception”.

The Committee on the Elimination of Discrimination against Women (CEDAW) consists of 23 independent experts monitors whether member countries are complying with a 1979 Convention, which 189 states have signed up to date.