The United Nations Committee on the Elimination of Discrimination Against women (CDAW) Thursday found Spain responsible for “obstetric violence” after a woman who went to a public hospital was subjected to a caesarian section without her consent.

In 2012, an unnamed Spanish national presented herself at a public hospital in Donostia, Spain while 38 weeks pregnant. Without her consent, the doctors and assistants induced labor and performed a caesarian section against her wishes and without the presence of her husband. She was refused food during labor and, according to her later claim with the UN, was used as a training example for medical students in the hospital. When she gave birth, her newborn son was taken from her and she was not allowed to hold or breastfeed him.

After the birth, the woman was diagnosed with postpartum post-traumatic stress disorder. She filed suit in Spanish court after filing a complaint with the Basque Health Service, but her claims of physical and psychological harm were dismissed.

She raised her claims to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), arguing that Spain violated the Convention on the Elimination of All Forms of Discrimination Against Women, of which the country is a signatory.

CEDAW found that the actions resulted in obstetric violence, which it defined as a “particular type of violence against women during facility-based childbirth.” The committee also found that she “encountered gender stereotypes and discrimination throughout the administrative and judicial process.”

The committee urged Spain to pay reparations to the woman for damages. It also encouraged Spain to adopt the practice of obtaining prior consent and to “respect women’s autonomy and ability to make informed decisions about their reproductive health.” 

CEDAW and the UN usually does not intervene in such cases, but did in a similar March 2020 case when a Spanish woman experienced unnecessary medical interventions and forced labor. It was the first time the supranational body used the charge of obstetric violence.