@BrooHaHa
*Article 3 of the European Convention prohibits inhuman and degrading treatment. If caregivers fail to provide care which is needed to avoid preventable suffering – such as pain relief – then this could amount to inhuman or degrading treatment.'
I think from this you could argue that refusing to allow a birthing partner unless the patient consents to an invasive intimate exam would be illegal. Refusing to allow them full stop probably not a legal issue, but making it conditional on a vaginal exam may well be. I think the hospital would have to draw up a policy for determining active labour in the event of refusal of a vaginal exam, based on behaviour etc. And then you'd have to get the woman to understand that a birthing partner would only be allowed when in active labour as defined by this policy, accepting that it may be less accurate than a vaginal exam would be.*
That's an interesting interpretation you've done there! Article 3 is talking about inhuman or degrading treatment such as denying pain relief. Having a partner with you is neither inhuman nor degrading. Pretending that it is is just ridiculous.
OP, your previous post about not being allowed a home birth anymore was very clear on your decision. You say you're going to either have an independent midwife, who will cost you several thousands of pounds, because you d want to catch Covid in hospital. Fair enough. But you also say you have no money, have spent your savings on fightIng your ex for your other children, and that if you have to you're happy to freebirth even though your dp wanted you to have the baby in hospital when you first became pregnant.
So why are you now going on about having a VI in order to ensure your dp is allowed to join you in hospital when your in active labour? The vastness majority of women don't object to letting midwives get on with their job. The minority who don't want a Vi, or indeed any other intervention, would need to discuss this with their midwife first in order to come to some other agreement of how progress can be monitored, and to ensure the midwife can explain fully the risks of mothers taking a particular approach to their child's birth.