1 |
Prevention measure and loss of right: collective right to health overriding the individual right |
Biosafety |
Lawyer specializing in public health |
The article presents the measure and does not mention how long the veto would last, but mentions four more hospitals in different municipalities where the measure was also valid at that time |
03/31/2020 |
Santa Catarina |
“In SC, maternity hospitals prohibit the presence of a companion during childbirth amidst the coronavirus pandemic” |
2 |
Prevention measure and loss of right: situation encompasses both monitoring in childbirth and visits in the maternity ward |
Biosafety versus violation of rights |
Public Defense Office; |
The Public Defender’s Office of the State of Tocantins filed a lawsuit questioning the state’s decision |
04/18/2020 |
State Department of Health of Tocantins |
Palmas - Tocantins |
Social mobilization |
“Suspension of companions and visits to state maternity hospitals leaves families worried” |
Ministry of Health (recommendations) |
3 |
Prevention measure: news indicates restriction of companions in the postpartum period and visits during hospitalization |
Biosafety |
Law 11,108/2005 (Companion Law) |
Despite the suspension, the parturient was guaranteed the right during childbirth |
04/22/2020 |
Bauru - São Paulo |
Ministry of Health |
“Maternity suspends entry of companion from postpartum until discharge of patients in Bauru” |
4 |
Loss of rights from the perspective of a patient: expressions such as “prohibit”, “restriction” and “give birth alone” are used to describe the experience of the parturient |
Biosafety |
Companion Law |
Request for the creation of a municipal committee by the Public Defender’s Office of Minas Gerais |
Public Defender’s Office |
04/30/2020 |
World Health Organization and Ministry of Health |
Belo Horizonte - Minas Gerais |
City Hall: hospital administration |
“Mother says she did not have the right to a companion in childbirth in a hospital in BH due to the pandemic” |
Infection Control Commission |
5 |
Maintenance of the right: the expressions “decided to prohibit entry” and “won in court the right to the presence of the husband” are used to illustrate that a judicial measure was necessary to have the right guaranteed |
Biosafety |
Court of Justice of Paraná |
Decision in favor of the right to have a companion |
05/01/2020 |
Paranaguá - Paraná |
State Department of Health of Paraná |
“Coronavirus: after hospital ban, pregnant woman wins the right for a companion to attend childbirth in Paranaguá” |
6 |
Maintenance of the right: recommendation in favor of pregnant women |
Protection of the rights of pregnant and postpartum women during the pandemic |
The Public Prosecutor’s Office issued the recommendation |
No previous complaint was filed (apparently this is “the most complete case” and concerns the entire network) |
05/07/2020 |
Campina Grande - Paraíba |
The Department of Health carried out the actions |
Covers prenatal, childbirth and postpartum |
“Public Ministry of Paraíba recommends special attention to pregnant and postpartum women in the pandemic” |
Information on the situation |
7 |
Maintenance of the right: injunction in favor of guaranteeing the presence of a companion to pregnant women |
Class action for guarantee of rights |
Public Defender’s Office acted from the popular mobilization; |
Preliminary injunction was already in effect when the news was published. Final guidance is for denunciation if the right to a companion is denied |
State and Municipal |
05/25/2020 |
Health Departments |
Mogi das Cruzes - São Paulo |
Companion Law |
“Preliminary injunction of the Public Defender’s Office guarantees companion for pregnant women at Santa Casa of Mogi” |
Ministry of Health |
8 |
Maintenance of the right: action of the Public Defender’s Office obliges Santa Casa of Mogi das Cruzes to guarantee the right to companions, previously reported (news 7) |
Biosafety and Budget Restriction |
Public Defender’s Office of Mogi das Cruzes (see news 7) |
Justice had already determined the permission of pregnant women’s companion in Santa Casa of Mogi das Cruzes through injunction |
05/29/2020 |
Mogi das Cruzes - São Paulo |
Board of Directors of Santa Casa of Mogi das Cruzes |
“Santa Casa of Mogi das Cruzes complies with court order for the return of pregnant women’s companions” |
9 |
Maintenance of the right: Santa Casa of Mogi das Cruzes does not comply with the injunction, to the detriment of users |
Conflict of narratives: the users continue to report restriction of companions and the direction of the institution continues to claim to respect the law and the court order. |
Public Defender’s Office (see news 7 and 8) |
Other violations of the right of the parturient not mentioned in the article |
06/19/2020 |
Mogi das Cruzes - São Paulo |
The contacts of the Public Defender’s Office are also made available for complaints of restrictions. |
“Mothers report difficulties with restriction to companion during hospitalization for childbirth at Santa Casa of Mogi das Cruzes” |
10 |
Sponsored news (institutional bias): state bill to reinforce the presence of a companion even during the pandemic in public hospitals or agreed with the state Executive |
Ensuring the right of companionship |
Companion Law |
Legislative intervention to create a new mechanism (law) that guarantees the presence of a companion, even if there is already a federal law |
07/23/2020 |
Amazonas |
“Lawmakers create bills for pregnant women and efficient public administration” |
11 |
Maintaining the right under the institutional bias: “Hospital of Registro-SP guarantees the right” and “established a plan for the resumption of the right” are the highlights of the news |
Ensuring the right of companionship |
Companion Law |
Collective action organized by the Specialized Center for the Promotion and Defense of Women’s Rights |
Public Defender’s Office of São Paulo in Registro, in Vale do Ribeira |
07/29/2020 |
State Department of Health |
Registro - São Paulo |
Biosafety |
Public defender |
“Hospital of Registro guarantees the right to a companion for pregnant and postpartum women” |
Specialized Center for the Promotion and Defense of Women’s Rights of the Defender’s Office |
12 |
Loss of right under institutional bias (of the performance of the Public Defender’s Office) |
Biosafety |
Law 11,108/2005 (Companion Law) |
Need for intervention by the Judiciary (public civil action) |
11/03/2020 |
Pariquera-Açu - São Paulo |
“Hospital of Pariquera-Açu is the target of civil action for vetoing the presence of companions in childbirths” |
13 |
Loss of right (companion bias) |
Biosafety |
Companion Law |
Judicial decision against the right to the companion, in favor of keeping the pregnant woman alone “only” at the time of delivery |
11/10/2020 |
Catanduva - São Paulo |
News reports that the father filed a request for moral damages in court for not being able to accompany his wife in the hospital |
Court of Justice of São Paulo |
“Justice denies compensation to father prevented from seeing his daughter deliver because of the covid-19 pandemic” |
14 |
Loss of rights from the perspective of popular mobilization |
Biosafety |
Technicians of the State Department of Health of Tocantins |
Protest against the decision not to allow companions at the time of delivery |
State Crisis Office |
11/19/2020 |
World Health Organization and Ministry of Health |
Palmas - Tocantins |
State Public Prosecutor’s Office |
“Pregnant women complain that they cannot be accompanied at the time of delivery and protest in front of maternity” |
Women’s Movement |
15 |
Loss of right (theme update) |
Legal argument: court hearings |
Public Prosecutor’s Office |
Waiting for court decision |
07/27/2021 |
Palmas - Tocantins |
“Pregnant women request presence of companions during childbirth in public hospitals in the state” |
16 |
Loss of right: judicial determination to maintain the law |
Legal argument: partial fulfillment of the Public Defender’s request |
Public Defender’s Office |
The Department of Health will have 30 days to present a plan for the resumption of companions |
08/27/2021 |
Palmas - Tocantins |
Court of Tax Enforcement and Health of Palmas |
Transitional measures for resumption were imposed, such as the testing of companions who, if negative, will have the right to remain respected |
“Justice creates measures to guarantee the right to companions for pregnant women in labor” |
17 |
Loss of right (from the perspective of users) |
Budget constraint: hospitals claimed they did not have the funds to guarantee RT-PCR exam |
Municipal Health Department |
The Health Department reported demanding the negative results of companions, but would not be offering testing. |
09/04/2021 |
Palmas - Tocantins |
Institution did not comply with the transitional measures imposed |
Court of Tax Enforcement and Health of Palmas |
“Pregnant women are without companions during childbirth because they are unable to pay for covid-19 testing” |
18 |
Maintenance of law (from the perspective of institutional performance: Defender’ s Office and Health Department) |
Compliance with the court order |
Public Defender’s Office |
Criteria for resumption of the presence of companions are disclosed, negative RT-PCR test is one of the most important |
09/30/2021 |
Palmas - Tocantins |
Publication of a plan for the resumption of companions by the Health Department |
Public Prosecutor’s Office |
“Secretariat publishes plan for resumption of companions in public maternities in the state” |
Municipal Health Department |
19 |
Loss of right (from the perspective of users) |
Budget constraint - lack of RT-PCR tests in the Health Department |
Prosecution Office |
Prosecutor’s Office establishes that the state government would have until 01/31/2022 to present a definitive plan for resumption |
01/28/2022 |
Palmas - Tocantins |
Plan to resume the presence of companions at childbirth was not enabling their presence |
Public Defender’s Office |
“Women who have had a baby in recent months report distress at not having companions after childbirth” |
Municipal Health Department |
20 |
Maintenance of rights (from the perspective of users) |
Biosafety: prevention of contamination |
Municipal Health Department |
Two years after the ban and after pressure and social mobilization supported by the Public Defender’s Office and the Public Prosecutor’s Office, the Health Department established a technical opinion with the criteria to guarantee the right of pregnant women, parturients and postpartum women |
04/12/2022 |
Palmas - Tocantins |
Update (see news 2, 14, 15, 16, 17, 18 and 19) |
“After two years, the state releases the return of companions in public hospitals in Tocantins” |