BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

of groups that suffer some kind of social discrimination, 47 translating legal norms that consider inequalities between certain people or categories of people, with the aim of promoting material equality among them“. 48 One of the elements of affirmative action is precisely temporariness, since these mechanisms of effectiveness of rights must really seek the change of society in that specific point to which they guard. Therefore, a more complete concept covering this aspect can be drawn from the work of Yuri Schneider 49 , which affirms that affirmative actions represent temporary policies, instituted by the public power and also by private, compulsory or voluntarily aimed at protecting the socially excluded part of the population, whether for reasons of economic order, race, gender, religion, in an attempt to provide equal treatment and opportunity, in order to correct or reduce the disparity that occurred in the past. In this reasoning, the legislation protecting women against obstetric violence considers that this group, in the face of inequalities, needs state protection as a way of assuring their rights to equality and freedom, because, although materially equal, practically it is not perceived the realization of this equality, since, in some situations, there is a violation of the will of the expectant or parturient woman. Thus, the creation of specific laws that protect them aims at changing the behavior of society in a way to exterminate or try to repress these abuses against the autonomy of the will in the process of gestation. Faced with this fact, that the autonomy of the will in the gestational process is the core of all the protection expended to pregnant and parturient women and is strictly linked to the rationally foreseen action in Kantian theory, in which “all people have an intrinsic value, absolute, and that people are legislators of themselves, for this reason autonomy comes from these premises”. 50 Deciding about the procedures to which she wishes to submit, the medications she tolerates, the interventions she allows, among other choices that are necessary during pregnancy, are deliberations that are exclusively for the woman, which must be guided by the health professionals assisting them, but their will, provided that it is permitted and not in violation of legal norms, must be respected and fulfilled. The autonomy of the will involving the doctor-patient relationship, and even of other health professionals like nurses, goes through a process of trust to be established between the parties. The patient approaches the physician knowing that he is bound to the oath and has professional integrity to act in the best interests of the patient, even if the physician is at risk of failure. Although there are contractual and financial arguments that relate 47 SCHNEIDER, Yuri . A (in)efetividade dos direitos fundamentais sociais no estado democrático de direito; as ações afirmativas como políticas públicas consectárias da busca da eficaz aplicação do princípio constitucional da igualdade . Joaçaba: Ed. Unoesc, 2015. Available in: . Acess in July 12, 2017, p. 44. 48 SCHNEIDER, ibid., p. 45. 49 SCHNEIDER, ibid., p. 46. 50 RECKZIEGEL, Janaína. Dignidade humana em risco: existe limite para as experiências científicas? Curitiba: Prismas, 2016, p. 209.

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