The times of justice and society do not usually coincide. That is why it is not uncommon to see how a sentence is passed on certain phenomena when they have been taking place for so many years that they are beginning to be almost daily. However, this time, the constitutional Court seems to have reacted more quickly than usual and has decided fully review the right of women to give birth at home.
aware of the relevance of the matter, being an increasingly widespread practice, the Second Chamber of the high court, chaired by its vice president, Juan Antonio Xiol, has decided that the most convenient thing is for the 12 magistrates that make up the plenary to resolve the appeal for protection presented by a woman who was legally forced to enter a hospital to give birth, as reported by the senior court.
On April 24, 2019, the Investigating Court number 1 of Oviedo, on duty ordered compulsory admission to the Central University Hospital of Asturias "for the practice, if necessary, of an induced labor" of a woman living in Oviedo who wanted to give birth at home, despite the risks to the baby.
The woman, who has gone to the Constitutional in amparo, after having lost all the resources in the lower instances, including a claim against the Asturian Health Service before the Superior Court of Justice of the principality, had already passed the 42nd week of pregnancy. The court made the order after receiving a request signed by the deputy director of Surgical and Critical Services of the hospital, in which hospital admission was declared necessary for the immediate induction of labor.
In a report, in addition, the head of the Obstetrics Section of the HUCA recounted the history of pregnancy controls and visits to said service interrupted by the woman in the 35th week of pregnancy. If the delivery was not performed in the hospital there was "risk of fetal hypoxia and intrauterine fetal death", pointed out the doctors.
With the court order in hand, the local police of Oviedo went to the woman's home, who after an initial reluctance, as stated in the report, agreed to be transferred to the hospital, where she had a baby after undergoing a caesarean section.
rights at stake
The woman alleges that with that action she suffered discrimination based on gender, having been so due to her pregnant condition when consenting or refusing interventions in the personal sphere. Also for ideological reasons, because she considers that her idea of giving birth at home caused "an unusual and disproportionate reaction on the part of the Health Service", as well as that she suffered mistreatment and humiliating and humiliating treatment due to the vaginal examinations that were provided to her. .
The Constitutional Prosecutor's Office has reported against the woman's appeal, understanding that no fundamental right of women has been violated, because compared to the one that could assist her to give birth at home without medical assistance, the interest of the baby must prevail, whose risk in this case was evident for the medical services.