The Intercultural Scope of the Law on Dignified Childbirth in Colombia: Tensions Between the Legal Framework and Practice in Wayuu Indigenous Communities

Abstract

Introduction. Obstetric violence constitutes a form of gender-based violence and a violation of human rights that undermines the principles of dignity and autonomy of pregnant individuals. In Colombia, Law 2244 of 2022 seeks to guarantee a dignified and respectful childbirth; however, in Indigenous communities such as the Wayuu, practices persist that distort their worldview and traditional knowledge. Objectives. To analyze the scope of Law 2244 of 2022 from an intercultural perspective, addressing the tensions between the legal framework and its implementation in these territorial contexts. Materials and methods. A qualitative bibliographic and documentary review was carried out using normative, institutional, and academic sources published up to 2024. Results. A gap was identified between the law and hospital practice, reflected in the absence of interpreters, the lack of cultural relevance, and the exclusion of ouutsü (traditional midwives). Discussion. The application of the law that establishes the operational framework for dignified and respectful childbirth among Wayuu women faces institutional and epistemological limitations that sustain a biomedical model lacking legitimacy, hegemonic, and exclusionary. Conclusions. Interculturality must be adopted as a transversal axis within public health policy, promoting the inclusion of Wayuu women and the recognition of ouutsü as health agents with decision-making capacity.