The extreme backlash against feminism and subsequent attack on women’s rights by the government in Argentina has impacted women in different ways. One victim of this violent wave is Carolina Sigal Fogliani, whose story, a representation of the physical and psychological abuse of pregnant women and the violation of their maternity rights in Argentina, LAB reported on for our Women Resisting Violence blog in 2021.
In the first case of its kind in Argentina, Carolina presented her complaint of obstetric violence to the UN Committee on the Elimination of Discrimination against Women (CEDAW) in November 2020. Clinical malpractice and the staff’s attitude towards her had resulted in physical and mental trauma for Carolina and injuries to her baby during childbirth in a private hospital.
CEDAW ruled in her favour and agreed that there had been a lack of due diligence on the part of the State. The CEDAW recommendations to the State are that it should provide holistic reparation, including financial compensation for the physical and psychological damage caused.
The CEDAW decision was communicated to the Ministry of Women, Gender and Diversity in 2023, but as it has since been closed down by Milei’s government, there is no government body taking responsibility for her case.
In general, the UN Committee recommends to the government that women should have access to adequate health services during pregnancy and maternity and be protected from maltreatment and abuse during childbirth in both public and private hospitals. Although the government acknowledged the complaint, Carolina is still waiting for justice and compensation for her injuries. The CEDAW decision was communicated to the Ministry of Women, Gender and Diversity in 2023, but as it has since been closed down by Milei’s government, there is no government body taking responsibility for her case.
Carolina’s lawyers contacted the Ministry of Foreign Relations directorate responsible for Human Rights but have received no response. It’s a bitter victory for Carolina:
‘I always felt optimistic about CEDAW and my lawyers told me there has to be a resolution, but these processes are very slow’, she told LAB.
By the time the Committee reached a decision, there had been a change of government in Argentina to one that is not receptive to women’s rights. She initially joined forces with Las Casildas, a women’s organisation campaigning on obstetric violence, and since then Carolina has reached out to other women and become more empowered to speak out. She reflected that in our previous interview she had wanted to remain anonymous but now she feels confident to speak out.
In trying to make sense of what happened to her, Carolina made contact with women who have also suffered from obstetric violence, and this gave her the strength to talk about her own experiences in public. ‘It’s us women, the victims, who are interested in campaigning on these issues, as there is no support from the State or help for women’s organisations to go out to the regions and talk to women there. So, we are making small videos to tell our stories’.
Carolina spoke about some of the women she has met whose experiences in the maternal health service have resonated with hers. There is Deize, whose daughter died during childbirth and whose newborn grandchild also died because of negligence by medical staff. ‘I met her at a meeting where we were talking about our experiences and she gave me a big hug, saying – “you are a survivor”. She had a big impact on me, and I began to find safe spaces where I could share what happened to me.’
‘It’s important that we don’t feel ashamed, that we feel able to say we were violated when examined by a gynaecologist and are not afraid to stand up for ourselves when treated badly by clinicians and midwives’. There are also cases of women who were sent to prison, criminalised following miscarriages. She also highlighted the case of Paula who made an official complaint to the government about her treatment and 20 years later is still waiting for a resolution.
Carolina received the official judgement in a communication from CEDAW on March 8 this year and the government has been given six months to respond to their recommendations.
Carolina is not optimistic that this government will be receptive or that she and other women will find justice for their cases. As a psychologist who used to work in the health service, she now works in private practice and is using her skills to support other women. She has organised a network for mutual support and is finding different tools to deal with the trauma, using art to address mental health issues.
‘It’s a nightmare. This government has very traditional views of women’s place in the family. The public sector is suffering, medical staff are on strike and others are leaving the country, there is a lack of medication and equipment. And this is just the beginning, I don’t know how we are going to cope with the change.’
Header image: Radio Grafica
