Modalities and legal treatment of obstetrical violence in the Republic of Serbia

Abstract

Introduction/Objective The problem of obstetric violence is a relatively new topic both in the field of medicine and in the field of law. The aim of the work is to analyze the problem and propose a solution in order to encourage the adequate application of the normative framework, improve the treatment of pregnant women and women in labor in gynecological-obstetrical institutions, protect women’s reproductive health, restore trust, respect and understanding in the mutual communication between health workers and pregnant women/birth mothers.

Methods Several scientific methods were used in the work – desk research, descriptive method and analysis, and synthesis of available literature as well as relevant announcements, normative method, and logical research. In the research part of the paper, the primary method is the case study and analysis of obstetric violence in practice. Finally, a functional analysis was performed.

Results Through the analysis of case studies and modalities of obstetric violence in gynecological-obstetrical institutions in Serbia, as well as the analysis of research carried out so far, as many as 16 forms of obstetric violence were identified.

Conclusion Adequate implementation of legal and by-laws governing this area should be systematically encouraged, the treatment of pregnant women and women in labor in gynecological-obstetrical institutions should be improved, women’s reproductive health should be protected with dedication, proper application of medical treatments, be treated with respect and understanding, exclude acts of discrimination, torture, inhumane and humiliating treatment, and ensure adequate and functional conditions for the stay of pregnant women and mothers in labor in a gynecological-obstetrical institution.

Keywords: obstetric violence; women’s reproductive health; family; Family Law; Criminal Code