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Boletín mexicano de derecho comparado

On-line version ISSN 2448-4873Print version ISSN 0041-8633

Abstract

ROSSEL CASTAGNETO, María Lorena. International standards on obstetric violence suffered by women with HIV and the case of Francisca in Chile. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.167, pp.251-279.  Epub June 25, 2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.167.18558.

The purpose of this article is to describe a type of obstetric violence suffered by women with HIV/AIDS, who are sterilized without their consent in health establishments, based on prejudices and, in response to the fact that Chilean internal regulations authorized doctors to make this decision for women. This work will analyze the norms that constitute international standards regarding the sexual and reproductive rights of women and, in addition, will demonstrate how in the case of Francisca, a woman with HIV subjected to forced sterilization, Chile violated a series of human rights. enshrined in the Constitution and international treaties. To achieve this objective, the norms, the resolutions of the control bodies of different human rights treaties the rulings of the Inter-American Court of Human Rights and the internal regulations that refer to human rights will be analyzed. reproductive and sexual of women.

Keywords : obstetric violence; human rights people with HIV; sexual and reproductive rights of women.

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