The comparative law on childbirth medical care in France, United Kingdom and Germany

Abstract

Childbirth medical care changes from country to country, being possible to talk about different models of care. Here, the case of France, United kingdom and Germany are discussed, focusing on the different legal regulation each one of them offers on the pregnant woman's right to choose the place of her birth (hospital, other facilities and her own home) and the assistance of qualified professionals, notably midwives. This right has been interpreted by the European Court of Human Rights, stating that the choice relating to the circumstances of giving birth is part of the right to respect for private life under Article 8 of the European Convention on Human Rights, although in the case of home birth, the States have a wide margin of appreciation in its regulation, given the social and economic implications of this matter.