BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

model of obstetric care, rather than on the individualization of sanctions for medical personnel. 33 Along the same lines, Argentina, in an investigation carried out in the third largest maternity hospital in Argentina, in which surveys were carried out both to users and to medical personnel, revealed the persistence of behaviors constituting obstetric violence: of the women surveyed, 44.4% reported having received verbal abuse. Regarding medical procedures without informed consent, 86.6% broke the bag, 96.6% were given medication to accelerate labor, 63.3% had vaginal touches repeatedly and by various people, and 73.3% had an episiotomy. One hundred percent of the women claimed that they took their son immediately after delivery. 34 Because of these facts, Argentina enacted the Act number 25.929 in 2009, which deals with humanized childbirth, however, although it is very meticulous regarding the rights of pregnant women and pre-labor, childbirth and postpartum work, it has not specifically dealt with obstetric violence. This only occurred in 2009 with the edition of Act number 26.485. The Law number 26.485, which legislates about the protection of women to prevent, punish, and eradicate violence against women in areas that develop their interpersonal relations, also brought the concept of obstetric violence into account, defining it as the one practiced by the professional of health on the body and the reproductive processes of women, expressed through a dehumanized treatment, abuse of medications and “pathologicalization” of natural processes. 35 Brazil, at “federal level”, does not have a specific law on obstetric violence. However, there are bills dealing with it on obstetric care services, among them, there is Law n. 7.633/2014 by Jean Wyllys, which deals with the humanization and care of women and the newborn during the cycle of puerperium. 36 Independently of the absence of federal legislation, the State of Santa Catarina innovated and edited Law n. 17.097, sanctioned on January 17, 2017, which provided for the implementation of information and protection measures for pregnant and parturient women against obstetric violence in the State of Santa Catarina. The legal norm that counts with nine articles is the first document with force normative to bring the definition of obstetric violence in Brazil, defining in its article 2, as “any act practiced by the doctor, the hospital staff, by a relative or companion who offends, in a verbal or physical way, pregnant women, in labor or during the puerperium period” 37 . 35 ARGENTINA. Ley n. 26.485, de 11 de marcio de 2009 . Ley de protección integral para prevenir, sancionar y erradicar la violencia contra lãs mujeres en los ámbitos en que desarrollen sus relaciones interpersonales (Law for the integral protection of women, to prevent, punish, and eradicate violence against women in the areas that develop their interpersonal relations). Available in: . Acess in July 11, 2017, p. 4. 36 ARSIE, ibid., p. 60. 37 BRASIL. Santa Catarina. Lei n. 17.097, de 17 de janeiro de 2017 . Sobre implantação de medidas de informação e proteção à gestante e parturiente contra a violência obstétrica no Estado de Santa Catarina. Available in: . Acess in July 11, 2017. 33 AA.VV., ibid., p. 63. 34 AA.VV., ibid., p. 64.

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