Abstract
This chapter examines the European Court of Human Rights judgment in LF v. Ireland [2020] ECHR 364. LF concerns the Irish experience of symphysiotomy; a childbirth operation performed as an alternative to C-section. LF argued that the state was obliged to establish an independent investigation into the practice, and that this obligation derived from Article 3 (freedom from inhuman and degrading treatment) and Article 8 (private and family life) of the European Convention on Human Rights. The Court rejected her argument. This chapter examines the Court’s reasoning from an obstetric violence perspective. It shows that the Court legitimates a patriarchal account of Irish practices of symphysiotomy. On this account, medicine is non-violent by default. The potential violence of obstetric medicine is invisible except where doctors depart radically from prevailing medical standards, or deliberately inflict suffering.
| Original language | English |
|---|---|
| Title of host publication | Research Handbook on Gender, Violence and Law |
| Editors | Nikki Godden-Rasul, Sidonia Lucia Kula |
| Publisher | Edward Elgar Publishing Ltd. |
| Chapter | 2 |
| Pages | 25-42 |
| Number of pages | 18 |
| ISBN (Print) | 9781035319398 |
| Publication status | Accepted/In press - 19 Dec 2024 |
Publication series
| Name | Research Handbooks in Law and Gender series |
|---|---|
| Publisher | Edward Elgar Publishing |
Bibliographical note
Not yet published as of 12/05/2026. Expected publication July 2026.UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 3 Good Health and Well-being
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SDG 16 Peace, Justice and Strong Institutions
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