The Constitutional decides to fully elevate the appeal on whether the right of the mother or nasciturus prevails in delivery at home

The Constitutional Court will finally study in full - and not in Sala - the appeal for amparo filed by a woman who forced birth to give birth in a hospital, instead of at home, given the risk that the baby's life ran.

This is an issue on which there is no doctrine and where the Court of Guarantees must decide which fundamental right prevails: if the right to life of Nasciturus or the rights of self -determination, ideological freedom and personal and family intimacy of the mother.

The Second Chamber of the Court of Guarantees, chaired by Judge Juan Antonio Xiol, has fallen to the matter at the meeting held on Monday, according to legal sources..During the deliberation carried out today the progressive magistrates Cándido Conde-Pumpid.The rest of the magistrates - emperating by the speaker Antonio Narváez - adhered to the proposal and will finally be in the middle of where the twelve members of the TC decide which fundamental right in this case in this case.

As the world reported, the Court of Guarantees must respond to the case of a woman whom, in April 2019, the health authorities in Oviedo (Asturias) forced them to give birth in a hospital when 42 weeks were found plus two daysOf gestation and understanding that, if the birth was produced in his home, the baby's life was in danger.

The mother considered several fundamental rights violated after having been forced to have her daughter at the Central University Hospital of Asturias after having attended a medical review and detecting the toilets that existed risk of fetal hypoxia and intrauterine fetal death if she was not inducedImmediately childbirth.

Even so, the woman communicated to the hospital her intention to give birth at home with the help of a confidence midwife.Due to the serious risks to the life of the fetus, the Hospital Obstetrics Service requested the Court of Guard of Oviedo to adopt women forced from women for the immediate practice of induced childbirth.

The prosecutor's position

The Constitutional Prosecutor's Office has positioned itself against the estimation of the amparo demand.In its report, the Public Ministry defends that the obligatory income measures and subsequent medical actions of women were proportional since "in the face of the pregnant mother's right to self -determination on the place and way in which she wanted to give birth, they wereIt must contrast the right to life and health of Nasciturus, appreciating that the mother's rights should be restricted, given the situation of serious and imminent risk that there was for the life of the daughter, which made urgent admission unplanted, in order to orderguarantee the effective protection of the right to life of the child ".

The Public Ministry believes that the mother's forced hospital admission was a restrictive measure of the right to self -determination of the legally provided pregnant woman (article 158.4 In relation to the 29 of the Civil Code and article 9.6 of Law 41/2002 of the patient's autonomy), which "was properly justified and that was necessary for the achievement of the legitimate purpose of preserving the life and health of Nasciturus".

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According to the criteria of

The Trust ProjectSaber másJusticiaPartos en domicilios: la Fiscalía del TC defiende que prima el derecho del nasciturus frente a la voluntad de la madrePaís VascoEl PP pretende parar en los ayuntamientos vascos y en el Constitucional la cesión de los secretarios municipalesPolíticaEl Gobierno sólo atenderá a "matices técnicos" del CGPJ con la Ley de Vivienda