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MDCP v Spain, Admissibility and merits, UN Doc CEDAW/C/84/D/154/2020, IHRL 4452 (CEDAW 2023), 24th February 2023, United Nations [UN]; Committee on the Elimination of Discrimination against Women [CEDAW]: Obstetric Violence

par Nissen, Aleydis ;Vivallo Toro, Valentina
Référence Oxford Reports on International Law, Oxford University Press, Oxford
Publication Publié, 2025-03-10

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Résumé :

In MDCP v Spain, the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW Committee) advanced its understanding of obstetric violence as structural and systemic gender-based violence. It recognised that such violence is rooted in patriarchal norms, hierarchical medical culture, and inadequate training on women’s rights — factors that are intensified by challenging or poor working conditions for healthcare professionals, which can lead to the dehumanisation of patients. On the merits, the Committee found Spain violated MDCP’s rights through lack of informed consent for a caesarean, inadequate examinations, and disrespectful treatment — contrary to the requirement for evidence-based, stereotype-free care. Compared to earlier cases against Spain (SFM and NAE), the Committee issued broader recommendations: revising gender-based violence laws to include obstetric violence, extending patients’ rights to reproductive health, and launching public awareness campaigns. Overall, the decision confirms CEDAW’s evolving role as a normative authority addressing systemic discrimination, and aligns with the longstanding demands of Spain’s women’s rights movement to recognise obstetric violence as a human rights violation.