New Research Exposes Coercion, Forced Procedures During Childbirth Across 12 Countries

Research from the Center for Reproductive Rights reveals that legal protections for women during labor and childbirth are significantly inadequate globally, exposing many to coercion, forced medical procedures, and a lack of informed consent. A recent analysis examines the legal frameworks across twelve nations, including the U.S., Mexico, India, and Uganda, revealing significant systemic shortcomings that compromise autonomy in maternal health care.

The research highlights the distinct nature of maternal health within the realms of medicine and law, noting that it stands out as the sole field where informed consent may be legally waived, often citing ambiguous “emergency” exceptions. Instances have been recorded where women faced coercion to undergo procedures such as C-sections, usually backed by dubious interpretations of fetal risk.

Recent findings indicate that a significant portion of women, at least 15%, in the examined countries faced mistreatment during childbirth, with some nations reporting rates approaching universality. The reported mistreatment encompasses non-consensual interventions, neglect, verbal abuse, and instances of sexual violence, all stemming from systemic gender bias and structural power imbalances between providers and patients.

Identified legal loopholes encompass comprehensive emergency provisions that enable physicians to circumvent consent, regulations that favor fetal protection at the expense of pregnant individuals' rights, and systems that restrict birthing options for those categorized as “high-risk.” In certain nations, such as Kenya and Uganda, regulations exist that permit providers to withhold information if they believe it may distress the patient, potentially compromising trust and the ability to make informed decisions.

The report emphasizes the need for a human rights-based framework in maternal health legislation, outlining specific emergency exceptions, affirming the right of pregnant individuals to decline treatment, and advocating for comprehensive reforms that uphold dignity and patient autonomy. It also requires compulsory training for providers and the collection of data to address abuse.

With the ongoing global crisis of maternal mortality, where 800 women lose their lives each day due to complications, advocates emphasize the critical need to safeguard the rights of those who are pregnant and giving birth. This approach is crucial for improving outcomes and ensuring respectful, patient-centered care.

Check out the complete research brief at the Center for Reproductive Rights.