Birth Rights Are Human Rights
You do not sacrifice your human rights by walking into a hospital delivery room. Some of the things we call ‘birth rights’ are legally protected rights, such as the right to refuse treatment, the right to not be discriminated against, and the right to privacy and confidentiality. Others are not legally protected, but are still innate human rights that have been recognized by organizations such as the World Health Organization, the United Nations, and the American College of Obstetricians and Gynecologists. Unfortunately, these rights are not always respected. In particular, Black, Indigenous, disabled, and queer birthing people are subjected to birth rights violations more frequently due to racism and other prejudices. Below, you’ll find many resources for birthing people, birth workers, and anyone providing birth support to learn more about birth rights, what they are, and what you can do to protect them.
*A note on language: Many of these resources (and much of the writing around pregnancy, birth, and parenting) use the phrases “childbearing women,” “pregnant women,” and other gendered language that does not explicitly include trans and non-binary birthing people who are not women. Whether or not the resource specifically states it, from a human rights perspective, all of these rights are equally applicable to all birthing people, regardless of gender.
Birth Rights
Birth Rights—Birth Rights Bar Association and National Advocates for Pregnant Women
Black Birthing Bill of Rights—National Association to Advance Black Birth
Birthing People’s Bill of Rights: COVID-19 Edition—HealthConnectOne
Know Your Rights—Human Rights in Childbirth
What Are Birthing Rights?—Human Rights Careers
Do You Know Your Hospital Labor and Delivery Rights (Video)—National Advocates for Pregnant Women
The Rights of Childbearing Women—Childbirth Connection
Know Your Rights Course—Birth Monopoly
Birth Justice
Birth Justice Framework—Southern Birth Justice Network
What is Birth Justice?—Black Women Birthing Justice
What is Birth Justice?—Voices for Birth Justice
Birth Justice—Evidence Based Birth
In-Depth Legal and International Law
The Legal Infrastructure of Childbirth—Harvard Law Review
Human Rights in Childbirth—Human Rights in Childbirth
Standards for Improving Quality of Maternal and Newborn Care in Health Facilities—World Health Organization
Intrapartum Care for a Positive Childbirth Experience—World Health Organization
Statements from ACOG
Refusal of Medically Recommended Treatment During Pregnancy—American College of Obstetricians and Gynecologists
“The use of coercion is not only ethically impermissible but also medically inadvisable because of the realities of prognostic uncertainty and the limitations of medical knowledge. As such, it is never acceptable for obstetrician–gynecologists to attempt to influence patients toward a clinical decision using coercion. Obstetrician–gynecologists are discouraged in the strongest possible terms from the use of duress, manipulation, coercion, physical force, or threats, including threats to involve the courts or child protective services, to motivate women toward a specific clinical decision… Ultimately… the patient should be reassured that her wishes will be respected when treatment recommendations are refused.”
Approaches to Limit Intervention During Labor and Birth—American College of Obstetricians and Gynecologists
“Many common obstetric practices are of limited or uncertain benefit for low-risk women in spontaneous labor. For women who are in latent labor and are not admitted to the labor unit, a process of shared decision making is recommended to create a plan for self-care activities and coping techniques… Evidence suggests that, in addition to regular nursing care, continuous one-to-one emotional support provided by support personnel, such as a doula, is associated with improved outcomes for women in labor. Data suggest that for women with normally progressing labor and no evidence of fetal compromise, routine amniotomy need not be undertaken unless required to facilitate monitoring. The widespread use of continuous electronic fetal monitoring has not been shown to significantly affect such outcomes as perinatal death and cerebral palsy when used for women with low-risk pregnancies.”