Companion Law in the media: the pandemic and its impacts on birth rights

Silva, Kamilla Thaís Vulcão da; Gervasio, Mariana De Gea; Cuenca, Angela Maria Belloni

doi:10.1590/S0104-12902023220540en

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Dossier • Saude soc. 32 (1) • 2023 • https://doi.org/10.1590/S0104-12902023220540en copy

Companion Law in the media: the pandemic and its impacts on birth rights¹ 1 Kamilla Thaís Volcano da Silva was a Master’s scholarship holder of the National Council for Scientific and Technological Development (CNPq) from March 2020 to February 2022.

Authorship SCIMAGO INSTITUTIONS RANKINGS

Abstract

Pregnant women have the right to a companion of their choice during hospitalization, pre-delivery, delivery and postpartum, a right assured nationwide by Law no. 11,108, implemented in 2005. However, health protocols have restricted these rights on the grounds of mitigating the COVID-19 pandemic. Hence, this study sought to understand the approaches, actors involved, and arguments presented about noncompliance with the Companion Law during the COVID-19 pandemic by analyzing G1 Portal news articles published from March 2020 to April 2022, using the map feature. Results show that failure to comply with the aforementioned law occurred most often in the first half of 2020, justified by biosafety issues, lack of budget for purchasing personal protective equipment, and the atypical moment. In several places legal intervention was necessary for compliance, becoming a journalistic agenda, with the most emblematic case happening in Tocantins, where the veto lasted until April 2022. Analysis showed a discrepancy regarding law compliance in several municipalities and states, despite the Ministry of Health and several legal bodies having issued opinions and protocols recommending the presence of a companion.

Keywords:
COVID-19; Pandemic; Birth companion; Rights of Pregnant Women; Childbirth

General Information date, state, title)	Approach (how the news describes the fact)	Argumentation (positions/justifications)	Actors involved (laws, advocacy, social movements, lawyers, etc.)	Outcome/complement/conclusion
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			Law 11,108/2005 (Companion Law)
Bauru - São Paulo			Ministry of Health
“Maternity suspends entry of companion from postpartum until discharge of patients in Bauru”			Ministry of Health
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
4			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			Court of Justice of Paraná
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”			State Department of Health of Paraná
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			The Public Prosecutor’s Office issued the recommendation
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”			The Department of Health carried out the actions	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
7			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			Public Defender’s Office of Mogi das Cruzes (see news 7)
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”			Board of Directors of Santa Casa of Mogi das Cruzes
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
11			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”		Biosafety	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	Loss of right (companion bias)		Companion Law
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”			Court of Justice of São Paulo
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
14			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			Public Defender’s Office
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”			Court of Tax Enforcement and Health of Palmas
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	Loss of right (from the perspective of users)		Municipal Health Department
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”			Court of Tax Enforcement and Health of Palmas
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			Public Defender’s Office
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	Loss of right (from the perspective of users)		Prosecution Office
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	Maintenance of rights (from the perspective of users)
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”	Update (see news 2, 14, 15, 16, 17, 18 and 19)

Faculdade de Saúde Pública, Universidade de São Paulo. Associação Paulista de Saúde Pública. Av. dr. Arnaldo, 715, Prédio da Biblioteca, 2º andar sala 2, 01246-904 São Paulo - SP - Brasil, Tel./Fax: +55 11 3061-7880 - São Paulo - SP - Brazil
E-mail: saudesoc@usp.br

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[1] Correspondence Kamilla Thaís Vulcão da Silva Rua Tiradentes, 111. Niterói, RJ, Brasil. CEP 24210-510.

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Companion Law in the media: the pandemic and its impacts on birth rights1 1 Kamilla Thaís Volcano da Silva was a Master’s scholarship holder of the National Council for Scientific and Technological Development (CNPq) from March 2020 to February 2022.

Abstract

Companion Law in the media: the pandemic and its impacts on birth rights¹ 1 Kamilla Thaís Volcano da Silva was a Master’s scholarship holder of the National Council for Scientific and Technological Development (CNPq) from March 2020 to February 2022.