Law 2244 of 2022: dignified childbirth and obstetric violence
- Law
The law that recognises women's rights in pregnancy, birth and postpartum, such as choosing a companion and being treated with dignity.
What it is
Law 2244 of 2022, known as the «Law on Dignified, Respected and Humanised Childbirth», recognises women's rights during pregnancy, labour, birth, postpartum and gestational and perinatal bereavement, and the rights of the newborn. It includes the birth plan, a trusted companion at no cost, clear information, movement and positions during labour, pain relief, skin-to-skin contact and the humanised caesarean. The law does not use the term «obstetric violence», but the Constitutional Court has recognised it as a form of violence against women in tutela rulings. In 2026 the Court clarified that the law applies to all pregnant people.
Key articles
- Art. 1: recognises and guarantees women's rights in pregnancy, labour, birth, postpartum and gestational and perinatal bereavement, with freedom of decision, and the rights of the newborn.
- Art. 3: defines, among others, humanised caesarean, gestational bereavement, perinatal bereavement and birth plan.
- Art. 4: women's rights, including dignified treatment free of cruel, inhuman or degrading treatment (no. 2), the birth plan, movement, positions and pain relief, a trusted companion of her choice at no charge (no. 16) and a humanised caesarean when vaginal birth options are exhausted or when the woman requests it freely and with information (no. 23).
- Art. 5: women's duties, such as stating in writing their informed refusal or dissent and treating health workers with respect.
- Art. 7: rights of the newborn: dignified treatment, registration and health insurance enrolment, skin-to-skin contact, immediate breastfeeding, timely cord clamping and no separation from the mother; parental consent is required except in life-threatening emergencies.
- Arts. 8 and 9: the Ministry of Health publicises these rights and updates guidelines; health system actors train their staff and respect the birth plan.
- Art. 12: non-compliance is an offence punishable by the National Health Superintendency, without prejudice to other liability.
What it covers
- WHO has described disrespectful and abusive treatment during facility-based childbirth as a public health and human rights problem.
- The concept of obstetric violence covers both verbal abuse or humiliation and interventions without consent or without clinical justification.
- Some in the medical profession fear the term will be used to challenge legitimate clinical decisions; others consider it necessary to name real abuse.
In clinical practice
- Ask about the birth plan and discuss it; if you must depart from it for clinical reasons, explain why.
- Ask for consent before each procedure, including vaginal examination, and avoid judgemental or humiliating comments.
- Allow the companion the woman chooses and do not make it conditional on payment.
- If the woman requests a caesarean freely and with information, the decision is weighed with clinical information; putting up barriers without reasons can be obstetric violence (T-058 of 2026).
Status and official text
- Law 2244 of 11 July 2022 (Diario Oficial 52.092); in force from publication (art. 13). Official text checked on 2026-11-13 in Jurinfo, the official legal compilation of the Special Jurisdiction for Peace, which reproduces the Diario Oficial; the rulings, in the same compilation.
- Ruling C-252 of 2026: upheld the words «woman» and «women» in the law on the understanding that they also apply to all pregnant people.
- Ruling T-198 of 2023: staff verbal abuse and indifference during birth and postpartum were obstetric violence; it ordered staff training and referred the case to the medical ethics tribunal.
- Ruling T-058 of 2026: putting barriers to a caesarean requested freely and with information was obstetric violence; it applied arts. 4 no. 23, 8 and 9 of Law 2244.
- Resolution 051 of 2023 (annex) provides for informing patients that gynaecological and obstetric violence can be reported to the National Health Superintendency or the health secretariats.
Test yourself
Think of the answer, then tap the question to see it.
Which periods does Law 2244 of 2022 cover?
Pregnancy, labour, birth, postpartum and gestational and perinatal bereavement, plus the rights of the newborn.
May a facility charge for allowing a companion during birth?
No. Law 2244 (art. 4, no. 16) recognises the right to a trusted companion without any charge.
Does Law 2244 use the term «obstetric violence»?
No. The term has been developed by the Constitutional Court in tutela rulings such as T-198 of 2023 and T-058 of 2026.
What did ruling C-252 of 2026 clarify about Law 2244?
That its provisions on «women» also apply to all pregnant people.
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Ley 2244 de 2022, Ley de Parto Digno, Respetado y Humanizado (Secretaría General del Senado, 2022); Sentencia T-198 de 2023 (Corte Constitucional de Colombia, 2023); Sentencia T-058 de 2026 (Corte Constitucional de Colombia, 2026).
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Representative model, for educational purposes only.