Birth and citizenship: between law and policy

Abstract

This study proposes a critical review of legislation concerning obstetric care, namely with regard to the parturition process. Recent history shows numerous government initiatives through legislation and public policies that guarantee women’s rights. We sought to identify possible convergences and mismatches in the relationship between legislation and policies, especially with regard to ensuring rights. Documentary analysis of the selected material was carried out by following the parameters recommended in the literature. Presence of a companion was the main focus of this analysis. The historical period covered by the study was based on the enactment of Law No. 11,108/2005. The results revealed a considerable set of degrees sanctioned and incorporated by government agencies of the federal administration. However, the growing strengthening of targeted rights has not had an impact on the daily lives of the services that should implement them. Despite improvements, the problem of protection and provision of rights still persists. The political strengthening of the counter-hegemonic field is posited to represent a promising prospect for overcoming the difficulties in the legitimate exercise of citizenship.