Human rights in perinatal care
- Matilda Strang
- May 11, 2023
- 2 min read
Updated: May 12, 2023
All birthing people have the right to receive maternity care, which respects their fundamental dignity, privacy and autonomy.
If a person feels that their rights have been ignored or violated, they can make a legal claim in the courts. This applies to the care people receive during pregnancy, birth and postnatally.
The Human Rights Act 1998 requires that public bodies (including all NHS Institutions), treat each person with dignity and respect, which includes ensuring clear and accessible consultation when making decisions based on the care they provide.
Article 8 of the European Convention guarantees the right to private life, which includes the right to physical autonomy and integrity. The right to autonomy ensures that a person's consent must always be sought before performing any medical procedure. Failure to do so is unlawful. Failure to provide coherent, unbiased and evidence-based research for a person to make an informed choice also violates Article 8.
Article 14 of the European Convention requires that public bodies provide a care that is equal for everyone and does not discriminate against pregnant and birthing people on grounds such as disability, socio-econmoic background, race, religion, immigration status or national origin. However we know that 'systemic biases due to pregnancy, health and other issues prevent women with complex and multiple problems receiving the care they need' (MBRRACE-UK Maternal Report 2020).
More than often medical professionals explain that 'it is hospital policy' as a basis for their decision making. Some medical professionals explain that an induction is needed due to the higher risk of stillbirth if you're past a certain age. Some might say a vaginal examination is the only way to understand how far along a person is in labour.
All of this is a form of coercion, and can lead to trauma if the birthing person is not aware of what their rights are, and that they can request evidence-based information before making a choice.
As a doula I advocate for informed consent and person-centred care. I also advocate for an understanding of what your rights are, and how this applies to perinatal care.
There are some excellent resources that discuss and highlight human rights within the context of pregnancy, birth and postnatally, including:
