CP v Spain: Why a major European court ruling on maternity care is a wake-up call for bodily autonomy rights
CP v Spain: Why a major European court ruling on maternity care is a wake-up call for bodily autonomy rights
Longer reads, analysis and your stories
CP v Spain: Why a major European court ruling on maternity care is a wake-up call for bodily autonomy rights
In a landmark ruling, the Supreme Court of Victoria has found an Australian hospital guilty of battery and negligence for pressuring a woman to accept a vaginal exam in labour that she did not want. She received damages totalling nearly AUS$300k. So how is this case relevant to the UK?
When talking about supporting informed decision-making in maternity, the consent form is a topic that comes up time and again. We are aware that, as part of a broader trend towards defensive practice, some trusts have been increasing their use of consent forms, in the (mistaken) belief that they offer a cloak of legal protection.
Birthrights, Gloucestershire Maternity Action Group and an individual claimant have written to Gloucestershire Hospitals NHS Foundation Trust and put them on notice of our intention to apply for judicial review of their decision to suspend the home birth service for an unspecified length of time, which was made in breach of human rights and equality law.
2025 has been a year of change, growth and challenge for Birthrights.
But our mission remains clear.
Our maternity system is still in crisis, and it is more urgent than ever to do the work that will enable all women and birthing people to make informed, autonomous decisions about their care, free from coercion, discrimination or punishment.
In response to page 66 of The Birth Trauma APPG Report, we are hugely concerned by the legal inaccuracy contained within the report which suggests that consent may be disregarded in so-called “emergency situations”. The best way to reduce/prevent birth trauma is to respect the rights and voices of all women and birthing people throughout their pregnancy and birth.