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Feminism: Sex and gender discussions

Forced hospital transfer in labour - for induction of labour - upheld by ECHR

108 replies

NibliaBiblia · 28/08/2026 11:58

Police and an ambulance arrived with a court order to compel the transfer to hospital if a woman safely labouring at home with her midwife - and forced her to undergo an induction of labour!

And the ECHR has upheld the court order. Dark day for our right to control our own bodies.

https://birthrights.org.uk/2026/08/27/cp-v-spain-why-a-major-european-court-ruling-on-maternity-care-is-a-wake-up-call-for-bodily-autonomy-rights/

CP v Spain: Why a major European court ruling on maternity care is a wake-up call for bodily autonomy rights - Birthrights

Birthrights 'End Coercion in Maternity Care in the UK' Report Case Study Social Services and Maternity Care blog long read

https://birthrights.org.uk/2026/08/27/cp-v-spain-why-a-major-european-court-ruling-on-maternity-care-is-a-wake-up-call-for-bodily-autonomy-rights/

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FunPartyIdeas · Yesterday 22:04

KnottyAuty · Yesterday 11:20

That is a shocking story. Internal checks are used on busy wards where people can't have one to one continuous care.They aren't an essential component of birthing safety but are so commonly used for the benefit of staff/treatment protocols many women are unaware. One-to-one care from a midwife who knows the mother is the gold standard on safety in birth but strangely isn't offered on the NHS... if maternity services were genuinely focussed on safety they would look a lot different.

Exactly this.
I am so very grateful I had enough saved to be able to afford to employ an Independent Midwife for all of my maternity care at the height of Covid in 2020.
By making this choice I was afforded a minimum of 1:1 care at all times; increasing to 2:1 in established labour.
I also knew that there was a guarantee that my husband would be present for the birth of his first and last baby.
How dare the NHS basically say "Unless we unecessarily stick fingers inside you, increasing infection risk by doing so, your husband is not welcome on the ward."
I am still angry that this was OK. I am still angry for the women who had to agree to this.
The pre and post-natal care offered on the NHS at this time was also virtually non-existent; I am shocked that they were not brought to task on this.
All care was via telephone so BP readings and urine/blood samples were simply not taken.
I still can't believe how badly pregnant women were let down over this period of time, and I really do hope that NHS standards have improved since then.
I won't be having any more babies, but I absolutely would opt for my IM again.

Maray1967 · Yesterday 21:33

Grammarnut · 28/08/2026 14:16

The mother should make these decisions as long as she understands the risks. I seriously doubt any mother would risk her baby's life to maintain her bodily autonomy and right to choose what is done.

Seriously?

There are thousands of idiots, mothers as well as fathers, who refuse vaccinations for their DC, and therefore risk their children’s health and ultimately lives, because they believe some crap on the internet. Don’t be so naive.

iwishitwouldstartraining · Yesterday 14:32

Soontobe60 · Yesterday 13:20

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

Those examples concern a child that has been born, so in UK law are not comparable to this case.

EvelynBeatrice · Yesterday 14:21

Soontobe60 · Yesterday 13:14

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

That’s legally wrong in the U.K.

Oliwiaa · Yesterday 13:49

Should a mother be forced to donate her kidney to her child if she decides not to?

NibliaBiblia · Yesterday 13:47

DitheringDaisyPetal · Yesterday 13:36

That scenario (refusing to allow your child treatment for appendicitis) is not comparable to the one discussed here, as the mother’s body does not need to be touched for treatment to proceed.

And even the severity of wrong. Untreated appendicitis apparently has a 50-90% fatality rate. Being pregnant between 42-43 weeks is about 0.3% risk of stillbirth.
Not many women would refuse induction if they're baby was at a 50-90% risk of death otherwise.

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DitheringDaisyPetal · Yesterday 13:36

Soontobe60 · Yesterday 13:20

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

That scenario (refusing to allow your child treatment for appendicitis) is not comparable to the one discussed here, as the mother’s body does not need to be touched for treatment to proceed.

AstonCanKissMyArse · Yesterday 13:27

Soontobe60 · Yesterday 13:22

No I’m not. That is what happened. What we don't know is what the woman told the home birth midwife.

Youre making a lot of assumptions.

Why would the midwife simply not have the mothers medical records?

Often medical decisions are a judgement call, not black and white, and the midwife perhaps was happy with the data she had?

We don't know. Are you suggesting that in your hypothetical situation of a woman concealing evidence from a midwife, that somehow justified her being forced to have medical intervention she doesn't consent to?

Do you not understand the difference between a mother wutholding consent to treatment for an existing child (one who has personhood in UK law), and refusing medical treatment/ intervention on her own body - even if that affects the unborn baby?

They are two very different scenarios.

I really would recommend reading the whole thread.

Oliwiaa · Yesterday 13:24

Soontobe60 · Yesterday 13:20

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

Would a court take action if a patient with capacity declines to follow medical advice for themselves?
Would a man ever be in a situation where a court orders police to take him to hospital for a medical procedure against his will?

NibliaBiblia · Yesterday 13:24

Soontobe60 · Yesterday 13:22

It depends on the circumstances - clearly you’re ignoring this though.

I'm really not.
You're ignoring that the woman was aware of the risks and made the best decision for her and her baby with the information available to her. As almost every mother does.

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Soontobe60 · Yesterday 13:22

NibliaBiblia · Yesterday 13:21

Should we all be taken to hospital by police at 42 weeks? That's what happened here.

Technically the police did not accompany her, but they were they to force her is she resisted.

Edited

It depends on the circumstances - clearly you’re ignoring this though.

Soontobe60 · Yesterday 13:22

AstonCanKissMyArse · Yesterday 13:15

Why don't you read the thread? This has been argued at length.

ETA youre not "being very clear', you're misrepresenting what happened.

Edited

No I’m not. That is what happened. What we don't know is what the woman told the home birth midwife.

NibliaBiblia · Yesterday 13:21

Soontobe60 · Yesterday 13:20

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

Should we all be taken to hospital by police at 42 weeks? That's what happened here.

Technically the police did not accompany her, but they were they to force her is she resisted.

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Soontobe60 · Yesterday 13:20

Oliwiaa · Yesterday 13:17

Should all women who experience pregnancy losses be arrested on suspicion of murder in case their decisions potentially caused the death of the baby?

Don’t be so dramatic.
There are many instances when the courts will decide to take action that a patient - or their family - may be against. If a mother refused to let her child undergo life saving surgery for something like a ruptured appendix should the courts be allowed to intervene or just wait for the child to die? If the mother then went into hiding with their child to avoid surgery then yes, she should be charged with causing the death of her child.

Soontobe60 · Yesterday 13:17

NibliaBiblia · 28/08/2026 13:51

Sometimes it is not possible to have a safe home birth, but this is not a woman deciding to transfer for her safety. It's the police turning up and forcing her into the hospital. It's barbaric.

I’d be interested to know if she told the midwife present at her home about the advice that the doctors had given, and the test results which indicated a hospital delivery. Because if the midwife did know all this, they acted recklessly in the circumstances.

Oliwiaa · Yesterday 13:17

Soontobe60 · Yesterday 13:14

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

Should all women who experience pregnancy losses be arrested on suspicion of murder in case their decisions potentially caused the death of the baby?

AstonCanKissMyArse · Yesterday 13:15

Soontobe60 · Yesterday 13:14

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

Why don't you read the thread? This has been argued at length.

ETA youre not "being very clear', you're misrepresenting what happened.

Soontobe60 · Yesterday 13:14

NibliaBiblia · 28/08/2026 12:59

Wow.

Let’s be very clear here - a mother was overdue, her test results indicated a possible significant problem which could result in harm to both mother and baby, mother ignored such issues and chose to stay at home until she had the choice removed from her.
The legal position is from the view of the unborn baby. Bodily autonomy does not, thankfully, mean you can make decisions regarding delivery that will potentially cause the death of baby.
As an aside, when a report chooses to use the term ‘pregnant woman and birthing parent’ it speaks volumes about priorities.

NibliaBiblia · Yesterday 13:14

Oliwiaa · Yesterday 13:11

Are we legally obliged to follow all medical advice?
Does that apply to men too, or just women?

And which medical advice? It differs from country to country and practitioner to practitioner.

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Oliwiaa · Yesterday 13:11

bababamama · Yesterday 13:03

was the mother refusing to transfer to hospital against medical advice? That is key. Health professionals adhere to do no harm, not transferring could come under this but I’m not familiar with this situation

Are we legally obliged to follow all medical advice?
Does that apply to men too, or just women?

bababamama · Yesterday 13:03

was the mother refusing to transfer to hospital against medical advice? That is key. Health professionals adhere to do no harm, not transferring could come under this but I’m not familiar with this situation

NibliaBiblia · Yesterday 12:59

EvelynBeatrice · Yesterday 12:48

But most first time mothers in many areas won’t have a complicated free natural birth. I believe that the safety list ranges from
1 completely intervention free natural birth
2 elective C- section (ie non emergency)
3 instrumental ‘natural’ birth ( excluding forceps)
4 emergency section
5 forceps
In many cases individual women are never going to achieve a 1. because of personal physical and mental features, which makes 2. a sensible option for some women, particularly in the U.K. At least you’re assured of medical attention and pain relief for 2. !

There's a big one missing from your list - intervention heavy labor that still manages to result in a vaginal birth. Most women have sweeps, go to hospital, have vaginal exams, maybe their waters broken or syntocinon if they're "too slow", coached pushing, maybe ctg, probably syntocinon for the placenta, etc

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Oliwiaa · Yesterday 12:58

Weirdwonderfully · Yesterday 08:31

Obviously however if you go too far over your placenta can stop working. A risk of still birth is higher etc so why would anyone want to run these risks on their unborn child or themselves why would anyone want to risk loosing their baby and having to give birth and cause harm to yourself or the unborn it’s mental that some women are so okay with these choices because in my opinion it’s safer to bring labour on than sit around and watch the risks increase

That's fine, you can have that opinion about your own body.
It's not fine to impose your opinion on other women's bodies.
People do risky things all the time. I'd never go bungee jumping or ride a motorbike but if you want to, that's your choice.

EvelynBeatrice · Yesterday 12:48

Hoardasurass · Yesterday 09:53

Babies born by vaginal delivery are exposed to the mothers vaginal bacteria which improves their immune system and the squeezing action helps clear their lungs of fluid. Both of these are shown to lower the risks of asthma and allergies.
All in all where possible (ie no complications that would prevent a safe delivery) its better for both mother and baby to have a natural delivery.
Also it takes on average 4 weeks to recover from a vaginal birth whereas it takes 4 months to recover from a c section

But most first time mothers in many areas won’t have a complicated free natural birth. I believe that the safety list ranges from
1 completely intervention free natural birth
2 elective C- section (ie non emergency)
3 instrumental ‘natural’ birth ( excluding forceps)
4 emergency section
5 forceps
In many cases individual women are never going to achieve a 1. because of personal physical and mental features, which makes 2. a sensible option for some women, particularly in the U.K. At least you’re assured of medical attention and pain relief for 2. !

KnottyAuty · Yesterday 11:40

DitheringDaisyPetal · Yesterday 10:31

Yes your placenta can stop working. However I know from experience that dates
determined by scans can be very inaccurate. So you could say that every pregnant woman who gets to 40 +2 according to her scan dates will be forced to have an induction whether she likes it or not, and involve the police where necessary. But the date is arbitrary, many of those women won’t actually be that far along in their pregnancy. And how can a woman have trust in her care providers if she knows that they can force her to have a procedure against her will? That would result in women withholding information from the medics to give themselves breathing space,
and stepping back from the monitoring processes that can be helpful at that point. Overall it would do far more harm than good.
Am induction is no guarantee of safety, even without taking in to account some of the procedural issues that we were all aware of but have now been logged in Amos’s report.

I wish you well with your labour. Please bear in mind that you do have agency and are entitled to ask questions of your caregivers and are entitled to full answers.

Absolutely this!
The rough rules of thumb about due date are just that. Rough/approximate for the average woman. Statistically there will be maybe 5-10% of women who would safely exceed the 40+2 guidance. The problem is knowing who they are in advance. Both my pregnancies went over 40+2 by a couple of days. Before anyone says anything about being reckless - safety was addressed with increased observation and monitoring. There are different ways of doing things available to those who ask. The idea that there was only one option to the woman in the OP seems really odd - the article doesn't mention if she was offered a second opinion.

I'm reminded of that case where the family wanted a specialist cancer treatment for their child which was not available so they left an NHS hospital to go to their home country (Poland?). I think they were being told to accept a treatment with a poor chance of success? Their departure sparked a huge manhunt where the parents were to be arrested and it was suggested they had opted for quackery. I believe the eventually had him treated in poland. Much less reported is that the NHS built a massive specialist centre for UCL to offer this treatment in the UK... One doctor's opinion is not always 100% reliable. Patients have to be able to work with their carers. Calling the police is not OK in these borderline cases