Violencia obstétrica en el sistema de salud ecuatoriano: una mirada constitucional a la responsabilidad médica y la garantía de derechos fundamentales.

Abstract

Obstetric violence is an issue that affects women’s fundamental rights during pregnancy, childbirth, and the postpartum period, manifesting itself through dehumanizing medical practices, unnecessary interventions, lack of informed consent, discriminatory treatment, and the violation of patients’ autonomy. In the Ecuadorian context, this reality poses a challenge to the healthcare system and to the effective protection of the rights recognized in the Constitution of the Republic of Ecuador. This study analyzed obstetric violence from a constitutional perspective, with an emphasis on medical liability and the State’s obligations to ensure respect for fundamental rights. To this end, the study examined the national and international legal framework, as well as constitutional principles related to human dignity, the right to health, personal integrity, equality, and non-discrimination. Additionally, it examined the criteria used to determine the liability of healthcare professionals when their actions or omissions cause harm to patients in the obstetric setting, considering standards of medical care and mechanisms for judicial protection. The analysis highlights the need to strengthen public policies, care protocols, and institutional oversight mechanisms to prevent practices that constitute obstetric violence, since the effective protection of women’s rights requires healthcare based on respect for human dignity, informed consent, and the quality of medical care, ensuring accountability for violations of constitutional rights.