Consentimiento, autonomía y daño: claves civiles para el análisis de la violencia obstétrica en España

This article examines obstetric violence from the perspective of Spanish civil law, focusing on the legal implications of violations of informed consent during childbirth. After reviewing the international human rights standards developed by international bodies and their partial reception within the Spanish legal framework, the study analyses the recent evolution of case law. Particular attention is paid to the different approaches adopted by the Constitutional Court and the Supreme Court in conflicts between maternal autonomy and the protection of the nasciturus. While constitutional case law has generally relied on a balancing approach favouring urgent protection of fetal interests, the Supreme Court’s judgment of 13 January 2026 strengthens the role of informed consent and recognises the legal relevance of birth plans in assessing civil liability. The article argues that Spanish civil law could provide an adequate framework to address obstetric violence, especially if greater attention is given to the protection of reproductive autonomy and to the recognition of moral harm arising from violations of informed consent.