Obstetric and gynecological violence in Ecuador: Criminal classification and protection of women’s rights

Abstract

Obstetric and gynecological violence is a form of gender-based violence perpetrated by healthcare professionals during pregnancy, childbirth, postpartum, or gynecological procedures. It includes actions or omissions that violate women’s dignity, rights, and health. This dehumanizing practice manifests in negligent care, lack of informed consent, overmedicalization, humiliation, and the denial of cultural practices, disproportionately affecting Indigenous women and vulnerable groups. Although recognized in Ecuadorian law through the Organic Law for the Prevention and Eradication of Violence Against Women, the absence of its criminal classification in the Organic Comprehensive Criminal Code (COIP) perpetuates its invisibility and hinders justice for victims. This study employs a qualitative methodology with a descriptive depth level, applying inductive-deductive, comparative, and legal exegetical methods. The proposal advocates for the inclusion of obstetric and gynecological violence as a criminal offense in the COIP, accompanied by procedural guarantees such as free legal counsel and expedited proceedings. It also calls for the integration of an intercultural perspective that respects Indigenous women’s traditional practices, the development of training programs in human rights and intercultural health for healthcare personnel, the establishment of a national observatory to monitor cases and sanctions, and awareness campaigns to empower women regarding their rights. This measure aims to ensure an equitable and respectful healthcare system, promoting the dignity and reproductive rights of women in Ecuador.