Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System

Obstetric violence is a practice recognized as a violation of human rights by international documents and organizations. According to the due diligence standard, applied by the Inter-American Human Rights System, states must make available a variety of resources and preventive measures that addresses the structural causes of violence against women. The case of Brítez Arce et al. v. Argentina shed a light on this women’s right violation and the need for states to act with due diligence on the structural causes that keep those practices in force. Therefore, with this study we aim to understand how this case strengthens state’s obligation to provide due diligence and what are the possible gaps in the decision. The authors draw on bibliographic research utilizing intersectionality as a theoretical framework and conclude that, although that decision is important as a leading case in OV, it presents some gaps. Those gaps are the lack of analysis in depth of social markers at play and their repercussions for women’s reproductive rights and social justice, the absence of a mandatory determination for adequate training of health professionals with a gender perspective, the need to promote Public Policy and facilitated access to justice for vulnerable communities.