Direitos humanos da paciente gestante : necessidade de normatização internacional específica?

Abstract

This study aims to reflect on the human rights of pregnant women and to verify whether these rights, in the international sphere, require specific regulation. To do so, it seeks to contextualize the rights of the pregnant patient; investigate the main instruments of International Law that protect the rights of pregnant women; highlight the main international organizations for the defense of women, which seek to ensure compliance with the standards enshrined in documents of International Law; and also point out and emphasize the importance of protecting the rights of pregnant patients, including public health in the light of human rights. Methodologically, the research is classified as deductive, descriptive, and bibliographic. Given the importance of international organizations, such as the CEDAW Committee, it is important to investigate the position of the Inter-American System in cases such as that of Alyne Pimentel and Cristina Brítez Arce. It can be seen that human rights, as inherent to every human person, cannot be denied to pregnant patients. Although there are no specific legal diplomas, in the scope of International Law, dealing with the human rights of this public, it is possible to find in general norms, such as the Universal Declaration of Human Rights and the Inter-American Convention on Human Rights, support to protect the human rights of the pregnant patient, such as life, health, physical integrity, among others. Even so, what we see are cases of violation, mainly through practices that constitute obstetric violence. In these cases, international organizations such as the CEDAW Committee and the Inter-American Court of Human Rights have already recognized that it is a form of gender violence and consequent violation of human rights expressly enshrined in various regulations, including the CEDAW Convention. It is clear, therefore, that the practices of obstetric violence and also the non-access to health care or inadequate access to health care compromise the right to life and health of pregnant women, among others, being a clear violation of human rights, calling on States to take urgent measures to address this issue, because the pregnant woman should be ensured the means for pregnancy, childbirth and the puerperium to take place in a peaceful and healthy way, with the protection of physical and psychological integrity.