Britez Arce et al v. Argentina, Inter-American Court of Human Rights (IACtHR), 2023
This case followed the death of Cristina Britez Arce in June of 1992. Britez Arce was more than 40 weeks pregnant and had experienced several risk factors during her pregnancy that went unaddressed by the health system. When Britez Arce went to the hospital, doctors took an ultrasound and told her that her fetus had died. She underwent induced labor but died the same day due to “non-traumatic cardio-respiratory arrest.” In its judgment, the Inter-American Court of Human Rights declared Argentina responsible for violations of Britez Arce’s right to life, the right to humane treatment, and right to health. Argentina was also found responsible for violations of the rights of her son and daughter (the petitioners) to humane treatment, a fair trial, family protection, children’s rights, and judicial protection. The Court also declared Argentina in violation of Article 7 of the Convention of Belém do Pará; which requires States party to it to condemn and eradicate violence against women, and recognized obstetric violence as a form of violence against women. The Court defined obstetric violence to include: dehumanizing, abusive, or negligent treatment of pregnant women; the denial of treatment or information on the state of health of pregnant women; forced or coerced medical interventions; and the tendency to pathologize natural reproductive processes. The Court also clarified that obstetric violence could occur during the period of pregnancy, childbirth, or postpartum. The Court ordered, in part, restitution for the children and for the State to create a communications campaign to raise visibility on the case and obstetric violence.
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- 2023
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