Reflections on criminalising obstetric violence

Abstract

Obstetric Violence (OV) – mistreatment, abusive, or disrespectful treatment of women in childbirth has gained increasing attention in recent years. However, there is little research on its legal aspects, including the question of whether it is or should be a target of the criminal law, though there are at least three jurisdictions in Latin America where specific statutes protecting women against OV have been enacted. And, in the South African context, Pickles has argued that OV should be criminalised there. This chapter provides the first exploration of the question of criminalisation of OV in England and Wales.