Between 1992 and 1996, a small number of women in the UK were forced by the
courts to undergo caesarean section against their expressed refusal. Analy
sis of the reported cases reveals the blanket assumption of maternal incomp
etence and the widespread use of thinly veiled coercion. Such attitudes and
practices are themselves frequently compounded by inadequate communication
. Medical discretion in such problematic cases seems to err on the side of
safety and so appears to favour the life of the fetus over maternal autonom
y. Despite current policy's placement of the pregnant woman at the centre o
f maternity care, obstetricians' concerns appear to lie more with the unbor
n fetus. In other words, there seems to be a point at which the value of fe
tal life begins to outweigh, not so much the life of the woman, but her rig
ht to self-determination, her plans and her choices. While it is important
to acknowledge that these court ordered caesareans represent an unusual ext
reme within contemporary maternity care in this country, that they have hap
pened brings into sharp relief some of the stereotypical assumptions about
women. These are assumptions that underlie much of current medical practice
and may compromise or disempower women in other ways during their experien
ce of pregnancy and labour.
Using the first and last of the six reported cases as contextual illustrati
ons, this article focuses on the complex interplay of processes that have b
rought the medical profession to a position in which their own self-convict
ion and determination to do what they believe is best for their patients ha
s resulted in gross denial of women's autonomy and the use of the law to ov
erride pregnant women's refusal of consent.