Portugal: Bloco de Esquerda questions government about mother and baby held at Cascais Hospital

The story was advanced by Cannareporter on the 13th of August, when a mother and her baby were detained at Cascais Hospital on suspicion of using cannabis, and will arrive today at the Assembly of the Republic. Bloco de Esquerda will question the Ministry of Health about this situation, “because it is serious and has no support in the law”, thus demanding explanations from the government.

The Cannareporter had access to the document that will be delivered today in Parliament by the deputy Catarina Martins, from Bloco de Esquerda, who decided to question the Ministry of Health about what happened from the 11th to the 15th of August at the Cascais Hospital, Dr. José de Almeida, where Isabela Burgos and her newborn daughter Teresa were held, after the medical team that assisted them in the postpartum period suspected the use of cannabis during pregnancy.

The Hospital called the National Republican Guard (GNR) and the Commission for the Protection of Children and Young People (CPCJ), which “coerced” the couple to sign a document to accept being “investigated” — which would end up legitimizing the detention in the Hospital, according to the declarations of the father, Marcos Lana, to Cannareporter. You can read how the whole situation unfolded here.

Also on Saturday, August 12th, Cascais Hospital had already confirmed to Cannareporter that the mother's toxicological test was negative, but only on Monday, the 15th of August, both mother and baby were discharged.

We transcribe here the questions that Bloco de Esquerda will deliver today to the Assembly of the Republic.

Subject:
Newborn held at Cascais hospital
Recipient: Ministry of Health

Excellency Mr President of the Assembly of the Republic,

The situation was made public of a newborn who was retained by the hospital in Cascais on suspicion, not proven and denied by toxicological tests, of cannabis use by her mother. The situation, being serious and not supported by law, requires explanations from the guardianship.

According to what was made public, on August 10, a 25-year-old girl, of Brazilian nationality and residing in Massamá, was admitted to the hospital in Cascais in labor. Delivery would take place in the morning of the following day. It was in the postpartum period that the hospital in Cascais decided to call the CPCJ, the Public Prosecutor's Office and social workers. All because the mother said, in a consultation at the beginning of the pregnancy, that she used cannabis sporadically.

Although she explained that she had not used the substance during her pregnancy, the hospital in Cascais did not believe her and, in addition to calling the CPCJ, social workers and the Public Prosecutor's Office, coerced the mother to undergo toxicological tests (herself and the baby), threatened -a with the removal of the baby and retained the newborn for days.

The mother even says that she proposed signing a term of responsibility, but the hospital did not accept it and said that the mother could leave, since she had already been discharged, but that the baby was going to stay in the hospital. As already mentioned, the situation is serious. First, because the use of cannabis is not a crime in Portugal, so it seems disproportionate to call entities such as the CPCJ or the Public Prosecutor's Office; second, because as proved by the toxicological results, all the accusations and suspicions made by the Cascais hospital proved to be false and unfounded, but the mother, father and newborn were threatened and coerced in several situations; third, because this type of coercion is not consistent with the therapeutic alliance that should exist between health professionals and citizens.

Faced with the violence of this whole situation and the discretionary way in which the Cascais hospital acted, it is necessary for the Ministry to act, first by saying whether it agrees with this type of action and whether it seems to be good hospital practice, second, by investigating what happened and ascertaining responsibilities .

This is because it cannot be ignored that the Cascais hospital cast false suspicions on these users, criminalized behavior that is not a crime, coerced and threatened to remove the child and kept the baby in the hospital.

In view of the above, and under the applicable constitutional and regulatory provisions, the Left Bloc Parliamentary Group hereby addresses the following questions to the Minister of Health:

1. Are you aware of the situation reported here?
2. Do you agree with these practices or do you consider that there was abuse by the hospital in Cascais?
3. Will you open, as required, an investigation into what happened, to assess practices and determine responsibilities?

São Bento Palace, August 31, 2023

The deputy,
Catarina Martins