Análisis del caso N° 0904-12-JP relacionado con la violencia obstétrica cometida por el personal médico del Hospital del Instituto Ecuatoriano de Seguridad Social de El Oro

Abstract

The purpose of this research project is to analyze judgment No. 0904-12-JP issued by the Constitutional Court, which analyzes obstetric violence, a term taken into account since 2018, by the Law to Prevent and Eradicate Violence. Against Women, the process in question refers to an event that occurred in the Social Security Hospital of El Oro, in 2011, where obstetric violence occurred by medical personnel when derive the patient in a delicate state of health to the Teófilo Dávila Hospital for not having the validity of the right, since the institution thought that the patient's employer was in arrears with respect to the insurance payment roles. The analysis of this case aims to delve through the doctrine, jurisprudence and regulations, the term obstetric violence, to have a better understanding of it. In conclusion, based on what has been analyzed, the existence of obstetric violence is verified in the present case, however, several reasons are taken into consideration for which this type of behavior can be generated, in addition, reference is made to a series of measures to prevent this behavior from recurring.