Case of Eulogia Guzmán and her son Sergio v. Peru
Eulogia is a Quechua woman who wanted to have a vertical and home birth according to her traditions and in the same way she had delivered her other five children. However, the Peruvian state disregarded her cultural practices regarding pregnancy and childbirth by forcing her to give birth in a health center, abandoning her during labor, and physically forcing her to have her child on a stretcher.
As a result of the negligent health care during Eulogia’s labor, Sergio, the baby, was diagnosed with hypoxic-ischemic encephalopathy. His functional diversity, combined with the barriers imposed by the State, led to multiple disabilities throughout his life. Due to the lack of appropriate health care, Sergio died when he was only 12 years old.
The Center for Reproductive Rights and Promsex took Eulogia’s case to the Inter-American Commission on Human Rights to guarantee the protection of women’s reproductive autonomy during pregnancy and childbirth, particularly those belonging to ethnic minorities. Moreover, the litigation of this case aims for Peru to fulfill its duty to prevent, investigate, and sanction obstetric violence against indigenous and minority ethnic women, as we have identified a context of mistreatment within the Peruvian maternal health system against them.