BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

18 The Obstetric Violence to Protect Women’s Rights and the Healthcare Business Issues 1

Janaína Reckziegel 2 Cassiane Wendramin 3

1. Introduction The inequality between man and woman is so impregnated in the society that reports of violence against women become part of people’s daily lives. However, in the state of Santa Catarina a recently published Law n. 17.097/2017, brought up a kind of gender violence that little was said until then: obstetric violence. The so-called “fragile sex”, but ironically responsible for the generation of life, is faced with a kind of violence practiced in one of the most sensitive moments of women: gestation and childbirth. According to a study carried out by the Perseu Abramo Foundation in partnership with the Social Service of Commerce (SESC), one in four women suffers some kind of violence during childbirth. 4 Considering that within human rights falls the scope of women’s rights and their protection as a necessary gender equality, this article aims to analyze the Law n. 17.097/2017 of Santa Catarina/Brazil, which provides for the implementation of information and protection measures for pregnant and parturient women against obstetric violence, in order to detect the effectiveness of this norm as a regional mechanism for the protection of women’s rights during gestation and delivery. For this purpose, using the deductive-inductive method, as well as theoretical concepts on human rights, human dignity and specific rights of pregnant and parturient women, it was proposed, in a first moment, to do the contextualization of the protection of women supported on human rights, human dignity and specific norms that deal with the subject, and then, in a second topic, address the characteristics of the aforementioned 1 This work is a result of research in Bioethics of the Research Group on Civil and Social Fundamental Rights, of the Masters Program in Law of the University of the West of Santa Catarina – UNOESC. 2 PhD in Fundamental Rights and New Rights from University Estácio de Sá – RJ. Master in Public Law. University Professor and Researcher of the Post-Graduate Program in Law at the University of Western Santa Catarina – UNOESC. E-mail: janaina.reck@gmail.com. System Lattes: http://lattes.cnpq. br/7597547217990217. 3 Master’s degree in Law at the University of Western Santa Catarina (UNOESC); Area of Concentration: Efficacious Dimensions and Materials of Fundamental Rights; Research Line: Civil Rights: The Expansion of Subjective Rights. Lawyer. University professor. E-mail: cassi.wen@hotmail.com. Lattes System: http:// lattes.cnpq.br/0847443082270733. 4 VENTURI, G. et al. Mulheres brasileiras e gênero nos espaços público e privado. Ago. 2010. 301 p. Available in: . Acess in July 11, 2017, p. 174.

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