The Involuntary, Non-Therapeutic Sterilisation of Women and Girls with an Intellectual Disability – Can It Ever Be Justified?

• Main Authors: John Tobin, Elliot Luke
• Format: Article
• Language: English
• Published: Victoria University 2013-12-01
• Series: Victoria University Law and Justice Journal
• Subjects: human rights; sterilization; disability
• Online Access: https://vulj.vu.edu.au/index.php/vulj/article/view/24

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.