¿Vulneración del derecho a decidir entre parto natural o cesárea?: Análisis de la Sentencia 233/2023, 22 de febrero Juzgado de lo Contencioso Administrativo número 5 de Las Palmas de Gran Canaria / [Violation of the right to decide between natural birth or cesarean section?: Analysis of Sentence 233/2023, February 22, Contentious Administrative Court number 5 of Las Palmas de Gran Canaria]

A través del presente comentario se analiza la Sentencia del Juzgado de lo Contencioso Administrativo número 5 de Las Palmas de Gran Canaria, de 22 de febrero de 2023, ECLI:ES:JCA:2023:1039; en la que se condena al Servicio Canario de Salud a indemnizar a una mujer con un millón de euros por vulnerar su derecho a decidir entre parto natural o cesárea e imponer un parto gemelar natural prolongado hasta 17 horas que tuvo como consecuencia una lesión cerebral irreversible. (AU)

Through this commentary, the Judgment of the Administrative Court number 5 of Las Palmas de Gran Canaria, dated February 22, 2023, ECLI:ES:JCA:2023:1039, is analyzed. In this judgment, the Canarian Health Service is condemned to compensate a woman with one million euros for violating her right to choose between natural childbirth or cesarean section, and imposing a prolonged natural twin birth lasting up to 17 hours, which resulted in irreversible brain damage. (AU)

Building a Progressive Reproductive Law in South Africa.

This article delves into the expansion of procreative freedom in relation to assisted reproductive technologies (ARTs) in South African law, with reference to three seminal cases. In the case of AB v. Minister of Social Development, the minority of the South African Constitutional Court held that the constitutional right to procreative freedom is applicable to ARTs. Importantly, both the minority and the majority agreed on the principle of procreative non-maleficence-the principle that harm to the prospective child constitutes a legitimate reason to limit the procreative freedom of the prospective parents. Following this, Ex Parte KF2 clarified the concept of the "prospective child" as relating to an idea, rather than an embryo. Finally, in Surrogacy Advisory Group v. Minister of Health, the controversial issue of preimplantation sex selection for non-medical reasons was examined. The court confirmed that the use of ARTs falls within the ambit of procreative freedom. While holding that preimplantation sex selection for non-medical reasons is inherently sexist, the court found that a woman's right to procreative freedom-including the sex identification of an in vitro embryo-outweighs other considerations. These landmark cases establish a robust groundwork for a progressive reproductive law in South Africa.

Fetal Protection Policies and Corporate Liability of the US Vinyl Chloride Industry, 1974-1991.

In the late 20th century, fetal protection policies barred women from hundreds of thousands of industrial jobs on the pretext that if women became pregnant, their fetuses might be harmed by workplace exposure to toxic chemicals. Beginning in the 1970s, these policies set off a decades-long contest between the chemical industry, government agencies, and the judicial system over how to balance the uncertain reproductive health risks against sex discrimination. This article revives the subject of reproductive health and workplace protections through a historical case study of fetal protection policies at Firestone Plastics, a leader in the postwar vinyl chloride industry. I use formerly secret industry documents to argue that Firestone used scientific uncertainty and gender essentialism to skirt new regulatory pressures and minimize corporate liability. Ultimately, fetal protection policies stymied innovative regulatory efforts to protect all workers-not just women-from reproductive hazards in the workplace. (Am J Public Health. 2022;112(2):271-276. https://doi.org/10.2105/AJPH.2021.306539).

The highly complex issue of conscientious objection to abortion: can the recent European Court of Human Rights ruling Grimmark v. Sweden redefine the notions of care before freedom of conscience?

PURPOSE: The article aims to elaborate on two recent European Court of Human Rights (ECtHR) decisions which have rejected, on grounds of non-admissibility, the appeals by two Swedish midwives who refused to carry out abortion-related services, basing their refusal on conscientious objection, and to expound upon the legal and ethical underpinnings and core standards applied to the framing process of such a ECtHR decision. MATERIALS AND METHODS: By drawing upon relevant recommendations from international institutions, the authors have aimed to assess how the ECtHR rationale could affect the balance between CO and patient rights; searches have been conducted up until December 2020. RESULTS: In both decisions the European Court has asserted that the right to exercise conscientious objection must give way to the protection of the right to health of women seeking to have an abortion. CONCLUSIONS: ECtHR judges concluded that the failure to provide for a right to conscientious objection does not constitute, in fact, a violation of the more general right to freedom of thought, conscience and religion, if provided for by a state law to protect the right to health. The legal ethical and social ramifications of such a decision are of enormous magnitude.

Emergency contraception: unresolved clinical, ethical and legal quandaries still linger.

Emergency contraception (EC) has been prescribed for decades, in order to lessen the risk of unplanned and unwanted pregnancy following unprotected intercourse, ordinary contraceptive failure, or rape. EC and the linked aspect of unintended pregnancy undoubtedly constitute highly relevant public health issues, in that they involve women's self-determination, reproductive freedom and family planning. Most European countries regulate EC access quite effectively, with solid information campaigns and supply mechanisms, based on various recommendations from international institutions herein examined. However, there is still disagreement on whether EC drugs should be available without a physician's prescription and on the reimbursement policies that should be implemented. In addition, the rights of health care professionals who object to EC on conscience grounds have been subject to considerable legal and ethical scrutiny, in light of their potential to damage patients who need EC drugs in a timely fashion. Ultimately, reproductive health, freedom and conscience-based refusal on the part of operators are elements that have proven extremely hard to reconcile; hence, it is essential to strike a reasonable balance for the sake of everyone's rights and well-being.

Confidentiality and treatment refusal: Conservative shifts on reproductive rights by Brazilian medical boards.

Brazil has witnessed a conservative shift in recent years, reflected in setbacks in the field of reproductive rights. Commentators have drawn attention to changes in public policies and legislation that follow this shift. However, due attention has not been paid to changes in the professional standards regulating medical practice and their subsequent consequences for reproductive rights. Against this backdrop, this article examines two recent resolutions enacted by Brazilian medical boards, which violate ethical duties and the law. The first imposes a duty for doctors to disclose confidential medical information about their patients in sexual abuse cases. The second one determines that a pregnant woman's right to refuse medical treatment should be evaluated considering the fetus. This article argues that conservative setbacks operate not only through visible means, such as enacted legislation, but also furtively - through professional medical resolutions. It also asserts that, in such a context, the debate about women's bodily autonomy shifts once again from the human rights ground to the medical field, where it has traditionally been subjected to control and coercion. Finally, it points out the risk that these rules might be used to legitimize new conservative laws and public policies.

["Humanized childbirth and the right to choose:" analysis of a public hearing in Rio de Janeiro]. / "Parto humanizado e o direito da escolha": análise de uma audiência pública no Rio de Janeiro.

This work uses a field survey to analyze a plenary session of the Rio de Janeiro Legislative Assembly entitled "Humanized childbirth and the right to choose." Understanding this as a political space for conflicts of knowledge pertaining to the areas of medicine, nursing, and legislature, we consider the content of this session and discourses of power/knowledge surrounding the female body and reproduction. The article explores tensions around the political struggle for "humanized childbirth" via demands made by the Regional Council of Nursing. We also address the history of the medicalization of childbirth and the role of nurses, professionals specialized in low-risk births (obstetrizes), and midwives in this process.

O trabalho analisa, por meio de pesquisa de campo, uma plenária da Assembleia Legislativa do Rio de Janeiro, "Parto humanizado e o direito da escolha". Entendendo esse como um espaço político de conflitos dos saberes da área médica, da enfermagem e do Legislativo, é ponderado o conteúdo da plenária com os discursos de saber/poder acerca do corpo feminino e de sua reprodução. O artigo explora as tensões em torno da luta política pelo "parto humanizado" a partir de demandas feitas pelo Conselho Regional de Enfermagem. É abordada também a história da medicalização do parto e o papel das enfermeiras, obstetrizes e parteiras nesse processo.

Restricting Reasons: A New Battleground in Abortion Regulation.

The latest trend in abortion restrictions in the United States targets a woman's reasons for terminating a pregnancy. Fourteen states have attempted to enact laws prohibiting abortion on the basis of fetal sex, race, and/or genetic anomaly. These laws are different from regulations tied to a government interest in protecting women's health. Laws that restrict reasons implicate a different set of government interests to be weighed against a woman's constitutional right first recognized in Roe v. Wade. These laws also seek to reframe the nature of the right asserted by the woman. To date, the Supreme Court has declined to address the constitutionality of laws that restrict reasons, and the Court's most recent abortion decisions provide little guidance. It is possible that a conservative majority of the Supreme Court would uphold a law that prohibits reasons for having an abortion that appear discriminatory. But such laws would be difficult to enforce and therefore may be relegated to policy statements rejecting discriminatory norms as opposed to being effective means of restricting access to abortion.

"Parto humanizado e o direito da escolha": análise de uma audiência pública no Rio de Janeiro / "Humanized childbirth and the right to choose: " analysis of a public hearing in Rio de Janeiro

Resumo O trabalho analisa, por meio de pesquisa de campo, uma plenária da Assembleia Legislativa do Rio de Janeiro, "Parto humanizado e o direito da escolha". Entendendo esse como um espaço político de conflitos dos saberes da área médica, da enfermagem e do Legislativo, é ponderado o conteúdo da plenária com os discursos de saber/poder acerca do corpo feminino e de sua reprodução. O artigo explora as tensões em torno da luta política pelo "parto humanizado" a partir de demandas feitas pelo Conselho Regional de Enfermagem. É abordada também a história da medicalização do parto e o papel das enfermeiras, obstetrizes e parteiras nesse processo.

Abstract This work uses a field survey to analyze a plenary session of the Rio de Janeiro Legislative Assembly entitled "Humanized childbirth and the right to choose." Understanding this as a political space for conflicts of knowledge pertaining to the areas of medicine, nursing, and legislature, we consider the content of this session and discourses of power/knowledge surrounding the female body and reproduction. The article explores tensions around the political struggle for "humanized childbirth" via demands made by the Regional Council of Nursing. We also address the history of the medicalization of childbirth and the role of nurses, professionals specialized in low-risk births (obstetrizes), and midwives in this process.