Obstetric Violence: Insights from Criminology and Victimology

Obstetric violence (OV) is increasingly becoming a subject of intense public debate in Spain, not only from a legal standpoint but also in broader social terms. From a legal perspective, the Committee on the Elimination of Discrimination against Women has held Spain accountable for OV in two recent decisions—SFM v Spain and NAE v Spain—which involved cases of violence against women during facility-based childbirth. Both rulings highlight the urgent need to implement mechanisms for the detection and prevention of OV, among other key recommendations. However, the Spanish central government has yet to act on the Committee’s findings. Instead, it has deliberately excluded OV from recent amendments to the Organic Law on Sexual and Reproductive Health and Voluntary Abortion, largely due to strong resistance from the Spanish Society of Gynaecology and Obstetrics. In contrast, in 2020, the autonomous region of Catalonia incorporated a broad definition of OV into its Law on the Right of Women to Eradicate Gender-Based Violence.

While law reform is beset with challenges, there have been significant developments in the social arena that have helped drive recognition of the need for institutional responses to OV. A key turning point was the creation of the Obstetric Violence Observatory in 2014. This feminist, non-profit organisation has played a vital role in advancing research on OV and assisting victims by adopting a multidisciplinary approach. The Observatory was established by El parto es nuestro (Birth is Ours), a leading advocacy group committed to promoting human rights during pregnancy, childbirth, and the postpartum period. It has fostered dialogue between women and public health institutions, as well as with government bodies responsible for women’s protection—particularly the Ministry of Equality—acting as a bridge between these stakeholders. Additionally, public awareness initiatives such as “Vulnerable” have used artistic exhibitions to highlight OV, contributing to broader social engagement and public discourse on the issue.

Clearly, OV is a pressing concern in Spain. Current research highlights that a wide range of perspectives is needed to meaningfully address and prevent OV. As such, a comprehensive approach must include the formal creation of spaces for victims’ voices to be heard—an especially complex task given the social normalisation of OV. Acknowledging the challenges of developing a victim-centred response, my ongoing PhD project, titled The Reality of Obstetric Violence in Spain: A Gender-Based Victimological Research, analyses OV through the lenses of Criminology and Victimology, with the aim of developing and proposing public policies that go beyond criminalisation alone. Victimology and Criminology are central to my research agenda because of their interdisciplinary nature and their potential to offer new paradigms for understanding OV.

Criminology, as an empirical and interdisciplinary science, focuses on offenders, victims, and systems of social control to study deviant behaviour and the societal responses to it. It moves beyond the narrow definitions of criminal law to encompass a broader understanding of antisocial behaviours, recognising the complexity of violence as a human phenomenon. This wider lens makes it possible to redefine the role of victims—not as passive sources of evidence, but as active participants. However, Criminology has traditionally centred on offenders and their social reintegration, often sidelining victims in its frameworks. This is precisely where Victimology becomes essential.

Victimology emerged as a science that expands the traditional “crime–offender” binary by incorporating the figure of the victim, positioning them as active agents in relation to misconduct. It recognises that victims have both agency and a distinct social status. At its core, Victimology is grounded in three key principles: recognition that a person has been wronged or harmed; protection to ensure their safety and support; and reparations to address the harm suffered. The discipline considers both victimisation and de-victimisation processes, with particular attention to vulnerabilities, precursors to harm, and the impact of interventions, among other factors. In this field, “victimisation” refers to harm experienced directly by individuals (primary), harm caused by institutional or systemic dynamics (secondary), and broader impacts on communities (tertiary). In contrast, de-victimisation includes strategies that restore agency and dignity to those harmed. Among these, restorative justice is widely recognised as a key approach, offering more diverse and inclusive ways of resolving conflict.

Criminology and Victimology together provide a critical foundation for both the development and evaluation of criminal justice policies. This combined perspective is particularly valuable when addressing forms of violence that have become socially normalised, such as OV. Although there is increasing pressure on governments to criminalise OV, the comprehensive approach developed in my research offers a way to critically assess both the effectiveness and the limitations of a criminal law response. It also allows for the development of alternative frameworks that move beyond punitive measures.

To develop a deeper understanding of how to respond to OV in new ways, this PhD research aims to explore the reality of OV, moving beyond theoretical frameworks to include an empirical perspective. The study focuses on the experiences and views of two groups directly connected to OV: victims and midwives. Examining their processes of self-recognition—both as victims and, in some cases, as perpetrators—along with their subjective proposals for addressing the issue, will form the foundation of this research. This approach offers a richer insight into OV that goes beyond academic analysis. The findings from this fieldwork will generate evidence to inform the development of effective response strategies that extend beyond the limits of criminal law.

In conclusion, this research seeks to bridge the gap between theoretical frameworks and real-world responses to OV. By centring the voices of both victims and midwives, it aims to inform the development of more nuanced and effective strategies, moving beyond criminalisation towards a holistic, victim-centred approach. Ultimately, the goal is to create meaningful change in how OV is understood and addressed, improving the well-being of those affected.

Patricia San Juan, PhD student, Andalusian Interuniversity Institute of Criminology (Malaga Section), University of Malaga.