[Home birth. A reflection on bioethics and human rights].

Abstract

This article discusses the situation of childbirth in general and home birth in particular from a legal perspective. Taking the context of the social, health and bioethical crisis brought about by Covid-19 as a starting point, we examine the principles that should guide birth care and analyse obstetric violence as denial of these principles. In light of abuse of medicalisation and medical interventionism, it seeks to find the best ways to humanise and dignify the care for the whole birth process. To this end, we consider the main pronouncements on the subject by international and domestic institutions and courts, as well as the case law of the European Court of Human Rights, with emphasis on rulings concerning home births, which deal with possible violations of rights and, in particular, the right to respect for private and family life.