The Involuntary, Non-Therapeutic Sterilisation of Women and Girls with an Intellectual Disability – Can It Ever Be Justified?
This paper examines whether the involuntary, non-therapeutic sterilisation of women and girls with an intellectual disability can ever be justified under international law. There has been a tendency by international human rights bodies and advocates who are opposed to this practice to argue that rig...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Victoria University
2013-12-01
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| Series: | Victoria University Law and Justice Journal |
| Subjects: | |
| Online Access: | https://vulj.vu.edu.au/index.php/vulj/article/view/24 |
| Summary: | This paper examines whether the involuntary, non-therapeutic sterilisation of women and girls with an intellectual disability can ever be justified under international law. There has been a tendency by international human rights bodies and advocates who are opposed to this practice to argue that rights such as equality, non-discrimination and bodily integrity prohibit such treatment without free and informed consent. However, a substantive engagement with human rights reveals that in limited circumstances, an involuntary sterilisation of a woman or girl with a profound intellectual disability will be justified where there is no reasonably available alternative and the procedure is necessary to secure her right to health. |
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| ISSN: | 2202-7912 2203-2908 |