Human Rights in Childbirth Conference The Hague, The Netherlands May 31 – June 1, 2012 / 2012 / What are the rights and responsibilities of birthing women? Who decides how 2012 a baby is born? Who chooses where a birth takes place? Who bears the ultimate responsibility for a birth and its outcome? What are the legal rights of birthing women? What are the responsibilities of doctors, midwives and other caregivers in childbirth? What are the rights and interests of the unborn, and BYNKERS how are they protected? / BYNKERSHOEK CONFERENCE PAPERS HUMAN RIGHTS IN CHILDBIRTH IN HUMAN RIGHTS This Bynkershoek Conference Papers contain the “letters to the conference” HOEK or articles of the panelists present at the International Conference on Human Rights in Childbirth, held in The Hague, 31 May-1 June 2012. The conference was organized by the Bynkershoek Research Center on Reproductive Rights CONFERENCE PAPERS for multi-disciplinary exploration of the above questions, seeking clarity on the scope of birthing women’s human rights to authority, support and choice in childbirth. / HUMAN RIGHTS IN In December, 2010, the European Court of Human Rights (ECtHR) issued the fi rst holding of a high human rights tribunal addressing the legal authority of CHILDBIRTH birthing women as a human rights issue. In the case of Ternovszky v. Hungary, the ECtHR stated that “(…) the right concerning the decision to become a parent includes the right of choosing the circumstances of becoming a parent. The Court is satisfi ed that the circumstances of giving birth incontestably form part of one’s private life for the purposes of [Article 8 of the European Convention on Human Rights],” and imposed positive obligations on member states for the protection of these rights. The two-day conference was designed to unpack the theoretical and practical signifi cance of the Ternovszky holding. The fi rst day will focus on the international and fundamental human rights issues at stake. The second day will focus on the Dutch birth system, and the role of home and hospital birth in its past, present and future. On both days, four panels of multi-disciplinary experts will systematically address the science, ethics, and professional issues at stake in legal questions around childbirth. This Bynkershoek collection of Conference Papers will assist participants in the INTERNATIONAL CONFERENCE conference understand the presentations of the panelists and to prepare for OF JURISTS, MIDWIVES & robust discussion, and might be of interest to other audiences concerned with this topic. OBSTETRICIANS EDITOR: HERMINE HAYES-KLEIN Artikelnummer: 159123990001 BHP / HUMAN RIGHTS IN CHILDBIRTH /2012 BYNKERS HOEK CONfERENCE PaPERS / Human rIGHTS In cHIldbIrtH InternatIonal conference of jurIsts, mIdwIves & obstetrIcIans EditOR: HermIne HaYes-KleIn COlOfON advisory Board Jeroen Vervliet Editorial Board Ernst van Bemmelen van Gent, Editor in Chief Joris Sprakel, Associate Editor Hilde Cadenau Abiola Makinwa Michael Vagias William Worster Editorial Staff Frans Wildenborg Production Staff Henk Stakelbeek Frank Vermeer Bynkershoek Publishing Management Joris Sprakel, Director Publishing On demand & distribution Services Microweb Edu B.V., Leiden Bynkershoek Publishing is an activity of the The Hague Institute for Law & Practice Cornelius Byn kershoek. The Bynkershoek Institute is a not-for-profit foundation (in Dutch: Stichting), incorporated in accordance with the laws of The Netherlands. Registered in the Chamber of Commerce, number 52803287. Office Address: Groot Hertoginnelaan 3, 2517 EA The Hague, The Netherlands. For inquiries please contact: [email protected]. © Bynkershoek Institute, and the author or editor indicated on the cover, 2012 No part of this work may be reproduced or utilized in any form or by any means, electronic or mechanical, including photo- copying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. Manufactured in The Hague, The Netherlands Artikelnummer 159123990001 / Foreword As the director of the Bynkershoek Institute’s Thanks to Sandra Bruin, Dutch mother of 5, math- Research Center for Reproductive Rights, I would ematician, for planting the seed for this confer- like to thank every panelist in the Human Rights in ence, and then doing so much to bring it to life. Childbirth Conference of 2012 who contributed to this pre-conference collection. These papers are, Thanks to the extraordinary team of students, mid- by themselves, an extremely valuable product of wives, doulas, psychologists, mothers and fathers this event. who contributed so many hours over the last year to transforming the Human Rights in Childbirth Thanks to the director of the Bynkershoek Institute Conference from dream to reality. It has been a and The Hague University’s International and privilege and great pleasure to collaborate with European Law program, Ernst van Bemmelen van you. Gent, for your unwavering support and assistance with this project. This collection was produced with some haste, in order to make it available to panelists and regis- Thanks to The Hague University law student Mela- tered audience members in advance of the confer- nie van Leeuwen, without whom this publication ence. We have therefore been less rigorous than would not have been possible, for all your work in we will be in post-conference publications about gathering, organizing, and formatting this collec- citations and copy-editing, and request the read- tion. er’s indulgence in that regard. The purpose of this collection is to familiarize the reader with the range Thanks to Amsterdam-based Hungarian psychol- of perspectives that contributors are bringing to ogist Julia Karadi for gathering the Hungarian con- the event. These opinions, including my own, are tributions to this collection, along with involving but a starting point. Our greatest hope for the con- most of the Hungarian conference panelists. ference itself, is that we can all develop more Thanks to British attorney and Hague-based doula nuanced ideas on the issues at hand, through Nicola Philbin for assistance with copy-editing. open-minded listening and conversation. Thanks to Amsterdam doula Joyce Pula, and Rot- Hermine Hayes-Klein, Rotterdam/Portland, May terdam midwife Simone Valk, for the co-organiza- 2012 tion of this entire conference, and in particular with assistance around the production of this collec- tion. fOREWORd 5 6 HUMaN RiGHtS iN CHILDBiRtH / Table of contents 05 45 FOREWORD INTRODUCTORy Statement By ELIzABETH PROCHASKA 11 INTRODUCTION 47 LETTER TO THE CONFERENCE By KAREN 25 GUILILAND daY 1: iNtERNatiONal aNd fUNdaMENtal HUMaN RiGHtS iN CHildBiRtH 50 TO: Colleagues and friends in support of 26 DUTCH MIDWIFERy By BARBARA Katz ROTHMAN LETTER TO THE CONFERENCE By INA MAy GASKIN 53 PaNEl 2: SafEtY, RiSK, COStS & BENEfitS: 29 dECiSiON-MaKiNG iN CHildBiRtH PaNEl 1: tERNOvSzKY v. HUNGary: CONtExt aNd CONSEqUENCES Of tHE ECHR dECiSiON 54 THE Birthplace in ENGLAND RESEARCH 30 PROGRAMME BACKGROUND Q&A PETER LETTER TO THE CONFERENCE By ANNA BROCKLEHURST (HEAD RESEARCHER OF THE TERNOVzSKy STUDy) 34 61 LETTER TO THE CONFERENCE By AGNES GEREB, JOINT LETTER TO Participants in the HUMAN panelist in absentia RIGHTS IN Childbirth CONFERENCE By ROBBIE Davis-FLOyD AND DEBRA PASCALI BONARO 37 LETTER TO THE CONFERENCE By Istvan 64 Marton NOTES ON Maternity CARE By SOO DOWNE 39 66 JUSTICE AND HOME Birth in HUNGARy: SHOW THE CRISIS CONTINUES - Birthing while TRIALS IN THE 21ST CENTURy By IMRE SzEBIK BLACK IN THE USA By JENNIE JOSEPH 41 68 LETTER TO THE CONFERENCE By Stefania EMPTy PROMISES: THE DANGERS OF RISK KAPRONCzAy DISCOURSES By JO MURPHy-Lawless 43 LETTER TO THE CONFERENCE By FELíCIA VINICzE, panelist in absentia TABlE Of CONtENtS 7 74 116 LETTER TO THE CONFERENCE THE HUMAN A MIDWIFE UNDER Investigation By BECKy RIGHT TO CHOICE IN Childbirth By HéLèNE REED VADEBONCOEUR 118 76 LETTER TO THE CONFERENCE By ELKE HECKEL OUR CHOICE, THE ONLy CHOICE FOR US… A Breech at HOME By MARIEKE DE HAAS - van 122 BOMMEL THE CHOICE OF CHILD DELIVERy IS A EUROPEAN HUMAN RIGHT By MARLIES EGGERMONT 79 PaNEl 3: tHE RiGHtS Of tHE BaBY 125 daY 2: tHE dUtCH BiRtH SYStEM 80 LETTER TO THE CONFERENCE By SUSAN 126 BEWLEy LETTER TO THE CONFERENCE By RAyMOND DE VRIES 81 Childbirth as a HUMAN RIGHT: THE VOICE OF 129 THE BABy By BARBARA HARPER PaNEl 5: PERiNatal MORtalitY iN tHE NEtHERlaNdS: faCtS, MYtHS, aNd POliCY 85 THE RIGHTS OF THE HUMAN NEWBORN BABy By 130 MICHEL ODENT THE SURGEON VERSUS THE IGNORANT MIDWIFE By MARIEL CROON 92 I ALONE Have the RIGHT TO SPEAK FOR My 132 UNBORN BABy By ROANNA ROSEWOOD PARADOx OF THE DUTCH Maternity CARE SySTEM By ANK DE JONGE 96 HOME Birth, HUMAN RIGHTS AND OFFICIAL 135 BIAS: ISRAEL, HUNGARy AND THE ECHR By PaNEl 6: CaSES ON tHE EdGE: “illEGal” NOAM zOHAR HOME BiRtHS iN tHE NEtHERlaNdS 101 136 FROM WOMB TO WORLD, THE JOURNEy that FUTURE MOTHERS OR Incubators? By WILMA SHAPES OUR LIFE By ANNA Verwaal DUIJST 105 139 PaNEl 4: COllaBORatiON, COMPEtitiON, LETTER TO THE CONFERENCE By Robert MONEY aNd MONOPOlY KOTTENHAGEN 106 143 NO PLACE LIKE HOME By BARBARA HEWSON Birth: A HUMAN RIGHTS ISSUE? By REBEKKA VISSER 108 IN PURSUIT OF THE BENEFITS OF 146 PHySIOLOGICAL Birth By AMALI LOKUGAMAGE LETTER TO THE CONFERENCE By MONIQUE SEVERIJNS 115 JOINT LETTER TO THE CONFERENCE By DEBRA 149 PASCALI-BONERO LETTER TO THE CONFERENCE By JOKE MEULMEESTER 8 HUMaN RiGHtS iN CHILDBiRtH 151 PaNEl 7: MONEY aNd tHE PROfESSiONS 152 HOME Birth THROUGH THE AGES By MARIAN van HUIS 156 DUTCH WOMEN STILL WANT HOME BIRTH By RACHEL VERWEy 159 PaNEl 8: tERNOvSzKY iN HOllaNd: fUtURE Of CHOiCE 160 TABOOS IN Maternity CARE Education: INTIMACy, LOVE, SExUALITy AND Death By MARJOLEIN R. FABER 163 TERNOVSzKy V. HUNGARy: DISCUSSIONS AROUND A WOMAN’S RIGHT TO DECIDE ABOUT HER OWN SExUAL AND REPRODUCTIVE Health By GUNILLA KLEIVERDA 168 WHO IS THE BOSS? By ANGELA VERBEETEN 169 LETTER TO THE CONFERENCE By JENNIFER WALKER 171 PROGRaM TABlE Of CONtENtS 9 10 HUMaN RiGHtS iN CHILDBiRtH / IntroductIon I am an American lawyer and the mother of two stop, and dangerous complications could arise.