Question
A woman, Tania, had gone to a public hospital in France, when she was 39 weeks and six days pregnant, simply to get advice. She
A woman, Tania, had gone to a public hospital in France, when she was 39 weeks and six days pregnant, simply to get advice. She said she was having mild, irregular contractions but was not yet in labor. She was subjected to a series of interventions, all of which were unnecessary and were carried out without providing her with information or obtaining her consent. These interventions had a significant adverse effect on her physical and mental health, her psychological integrity, and the health of her baby. She was admitted and a first digital vaginal examination was carried out immediately. She was then moved to another room that contained six other women and her partner was not allowed to enter. An hour later, she underwent a second vaginal examination; subsequently, a third vaginal examination was performed, without her consent being sought.
Tania argued that "there was no emergency when she arrived at the hospital but that, nevertheless, from the moment she was admitted, she was subjected to numerous interventions about which she received no explanation." In addition, her consent was not sought for the procedures she underwent.
Her baby daughter was immediately taken to the neonatal unit for several days to be treated for an infection that, Tania's lawyers argued, might have been the result of excessive and improper medical interventions.
She brought her case to courts in Spain but encountered gender stereotypes and discrimination throughout the judicial process.
a. What kind of phenomenon does the behavior of health professionals reflect when treating pregnant women during childbirth like Tania? Please, explain this phenomenon.
b. What would be Tania's legal options for complaining about her fundamental rights in international/European law? Identify 2 courts or committees; on what legal grounds?
c. What would be the likely outcome of this case at the international/European court or commission? Explain answer and refer to both the international/European court or commission.
Step by Step Solution
3.38 Rating (139 Votes )
There are 3 Steps involved in it
Step: 1
a The behavior of health professionals treating pregnant women during childbirth like Tania reflects ...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started