On 31 March, the new law on obstetric violence was published in the Diário da República [Official Gazette], which aims to "promote rights in preconception, medically assisted procreation, pregnancy, childbirth, and the postpartum period by creating information and protective measures against obstetric violence".
According to this law, "obstetric violence is physical and verbal action by health professionals on the body and reproductive procedures of women or other pregnant people, expressed in dehumanising treatment, in abuse of medicalisation or the pathologisation of natural processes, breaching the framework of protection in preconception, in medically assisted procreation, in pregnancy, in childbirth, in birth and in the postpartum period".
Accordingly, the law in question determines, inter alia, the eradication of routine episiotomies and other "repeated unqualified practices", providing for penalties in the form of funding and financial penalties to be imposed on hospitals, as well as the initiation of disciplinary investigations into the health professionals involved, without prejudice to any civil and criminal liability that may apply.
This law will be regulated by the Government within 60 days and will take effect on the entry into force of the State Budget subsequent to its publication.
Taking into account the potential negative consequences associated with non-compliance with these new rules, it will be important to monitor the future developments in this framework to ensure that the necessary risk mitigation measures are put in place.
