NEITHER COVID-19 TAKES AWAY: PREGNANT WOMEN HAVE THE RIGHT TO COMPANIONS by Aline Vasconcelos

“Never forget that a political, economic or religious crisis is enough for women's rights to be questioned. These rights are not permanent. You will have to remain vigilant all your life.”


The quote by writer Simone Beauvoir [1] is from the last century, but it portrays exactly what women, especially pregnant women, are experiencing in the midst of a pandemic in 2020. In recent weeks, I have encountered several violations of women's rights. Basic rights, conquered with a lot of effort, which are withdrawn in an authoritarian and intransigent way.


One of the most recurrent violations is the impediment of a companion during the delivery period - before, at the moment and after the baby's birth. That is, one of the most awaited phases for pregnant women is becoming a real nightmare for many.


Hospitals argue that there is a lack of materials and professionals to ensure safety, but they do not take into account the advantages that the companion provides, much less the quality of life of the pregnant woman and her family.


Despite the abuse of authority by many institutions, there is still some sobriety and common sense in international jurisdiction. The World Health Organization, for example, has issued guidance on protecting the rights of pregnant women during the COVID-19 period:

“all pregnant women, including those with confirmed or suspected COVID-19 infection, are entitled to high-quality care before, during and after childbirth” [2] ,

this includes antenatal, newborn, postnatal and mental health care.


We must agree that a childbirth experience should be treated with great respect and dignity – and that includes respect for the basic right of the presence of a companion. Right, incidentally, provided for in Federal Law No. 11,108 , of April 7, 2005 [3], better known as

the Companion Law, which determines that health services (public or private) are obliged to allow the pregnant woman the right to a companion during the entire period of labor, delivery and postpartum.


However, none of this surpasses the right to the purest emotional support, which only the companion provides. Many pregnant women need basic care, which the companion can provide in a simple way. The companion does not overload the hospital, on the contrary, he/she helps to avoid overloading functions in view of the enormous demand for nurses and nursing technicians in hospitals during a pandemic. The companion removes the mother's constant need to ask the nurses and technicians for help to fetch a simple glass of water, to take a shower, to eat, among others.


There is no legal restriction on the right of women to have their partner present during labor and postpartum. It is also extremely important not to trivialize the need to respect the dignity of this mother not to remain alone in the hospital environment.

Forcing a pregnant woman to go into labor without any companion who can give her emotional support and security is a violation of human rights and fundamental guarantees.

The companion, in addition to the physical and emotional support already mentioned, also inhibits obstetric violence, which is unfortunately so famous in Brazil, on countless occasions.


If you are experiencing any denial by the hospitals to your net and certain right to indicate a companion during this period, you can call the Military Police at the moment and file a report, as your right is being denied! You can also seek the Public Prosecutor's Office, the Defender's Office and lawyers , who will make an urgent request to the Judiciary, so that it manifests itself in the face of the hospitals' denial.


We know that we are living in a moment of global crisis and, therefore, not allowing visitation is understandable in this pandemic. Nonetheless,

forcing a pregnant woman to remain in the hospital alone, at such a delicate and important moment in her life, is violence and we will not accept that!


( • )

Aline Vasconcelos, lawyer, teacher, lesbian, militant specialist in minority rights. Follow Aline on Instagram .

Kim Salt illustration on doulas and childbirth during the pandemic for The Guardian .

( • ) References:

[1] BEAUVOIR, Simone D. The second sex. São Paulo, 1991.
[2] RIGHT of the companion and its violation in times of the covid-19 pandemic. Born Right, 2020. Available at: < http://nascerdireito.com.br/?p=565 > Accessed on April 4, 2020.
[3] LAW No. 11,108, of April 7, 2005.Planalto, 2020.Available at: <http://www.planalto. gov.br/ ccivil_03 /_Ato2004-2006/2005/Lei/L11108.htm> Accessed on April 4, 2020.


( • ) Websites visited:

CONSTITUTION of the federative republic of brazil, 1988. Planalto, 2020. Available at: http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm. Accessed on April 04, 2020.
LAW No. 13,979, of February 6, 2020. Planalto, 2020. Available at <http://www.planalto.gov.br /ccivil_03_a/to2019-2022/2020/lei/L13979.htm> Accessed on April 20, 2020.
RESOLUTION No. 36, of June 3, 2008. Bvsm,2020. Available at <https://bvsms.saude. gov.br /bvs/saudelegis/anvisa/2008/res0036_03_06_2008_rep.html >
Can PARENTS be banned at the time of childbirth because of the coronavirus?. April, 2020. Available at: <https://bebe.abril.com.br/parto-e-pos-parto/pais-podem-ser-proibidos-na-hora-do-parto-por-causa-do- coronavirus/> Accessed April 04, 2020
CORONAVIRUS: health has new rules for companions at the time of childbirth. Correio Brasiliense, 2020. Available at <https://www.correiobraziliense.com.br/app/noticia/cidades/ 2020/04/01/interna_cidadesdf,841742/coronavirus-saude-dispoe-novas-regras-para-acompanhantes- na-hora-do-p.shtml> Accessed on April 04, 2020.

( • )
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