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Forced sterilisation of persons with disabilities in Portugal

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People with disabilities, regardless of type of disability or age, have the right to decide about their own body

The vast majority of the public in Europe has largely been unaware of a disturbing medical practice that is applied in some European Union countries that otherwise enjoy reputations as developed democracies with strict human rights protections.

This practice involves legally regulated forced sterilisation of persons with disabilities, and it mostly concerns individuals with intellectual disabilities who are placed under the care of legal guardians.

A recent decision by the Portuguese government has provoked strong reactions from non‑governmental organisations: the government only recently (mid‑December) submitted a draft law to parliament to end forced sterilisation, a law for which it is still unknown whether or when it will be adopted and come into force.

As a result, the European Disability Forum (EDF) released a statement calling for the criminalisation of forced sterilisation of persons with disabilities throughout Europe. This demand, of course, does not concern only Portugal but also all countries that conduct this practice away from public scrutiny.

– All European countries, including Portugal, have a legal and moral obligation to ban forced sterilisation of persons with disabilities – the EDF declared.

The EDF emphasises that persons with disabilities, regardless of the type of disability or age, have the right to make decisions about their own bodies and opposes any law that would transfer decision‑making power from persons with disabilities to their legal guardians.

In this context, the EDF suggests establishing protective measures for people at risk of forced sterilisation, such as requiring a court order, comprehensive medical reports, and monitoring systems to enforce a law that criminalises this practice. However, the EDF notes that even such measures may not be sufficient to stop forced sterilisation.

According to the EDF, a complete ban on forced sterilisation is required by both the United Nations Convention on the Rights of Persons with Disabilities and the Council of Europe Convention on preventing and combating violence against women and domestic violence—both of which Portugal has ratified. Thus, it is necessary for the Portuguese parliament to adopt a law that criminalises forced sterilisation while supporting the rights of persons with disabilities to make decisions about their own bodies.

Any law passed must ensure free and informed consent, including reasonable accommodations, and must fully align with international human rights standards. The law should remove the right of legal guardians or anyone else to decide on sterilisation, and instead guarantee full respect for the rights of persons with disabilities – especially women and girls – to live with dignity, autonomy, and equality.

The article notes that Spain and Malta have recently adopted strict bans on forced sterilisation, and the EDF hopes that other EU member states will follow suit and push this practice into the place where it belongs – on the pillar of shame.

Portugal must place the human rights of women and girls with disabilities at the forefront of this law and join the list of others that have adopted it recently.

Disability digest

The EU employment guarantee for persons with disabilities

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Stilizirana pozadina s motivom zastave Europske unije – zlatne zvjezdice na plavoj podlozi uz oblačne teksture.
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Employment statistics at this moment do not support the proclaimed goal of the European Commission of creating a society of equal opportunities

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There are still no significant improvements in better positioning Europeans with disabilities in the labour market.

Proof of this is also a joint letter that as many as 125 organisations sent these days to the European Commission, calling on it to publish a new EU Guarantee for the Employment and Skills of Persons with Disabilities as part of the updated Strategy for the Rights of Persons with Disabilities.

In this letter, organisations state what targeted funds and programmes are needed to reduce the high unemployment rate of persons with disabilities. Among other things, organisations are calling for dedicated funding to enable access to regular employment opportunities, apprenticeships or training. Likewise, better employment opportunities in sheltered workshops. Employment programmes must be designed in such a way as to offer support to companies and organisations in providing the necessary accommodations for a person with a disability in the workplace.

What is, however, particularly important for organisations is that the EU Guarantee for the Employment and Skills of Persons with Disabilities must not affect the right to receive disability benefits and other state support.

– This Guarantee is a key step to ensure that persons with disabilities have equal conditions in the world of work. If we want a competitive Europe, it is essential that we provide everyone with equal opportunities to contribute to the community – said Yannis Vardakastanis, President of the European Disability Forum.

Employment statistics at this moment do not support the proclaimed goal of the European Commission of creating a society of equal opportunities. Namely, only 52.7 percent of persons with disabilities are employed in the European Union, compared to 76.7 percent of persons without disabilities.

Previous research by the European Disability Forum shows that the gap is mainly a consequence of the lack of necessary accommodations and an insufficient supply of assistive technologies. In addition, the digital skills of employees with disabilities are at a significantly lower level compared to those without disabilities.

The joint letter sent to the European Commission calls for the Guarantee to be a key action of the ‘Enhanced Strategy for the Rights of Persons with Disabilities’, and it will be presented during the meeting of the College of Commissioners of the European Commission at the beginning of this May.

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Disability digest

A husband from hell held his wife with a disability captive

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The abuser managed for years to keep the woman isolated from family and friends, and even the authorities had no knowledge of her captivity. She had no access to a phone or the internet

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His name, James Earl Johnson, has recently been filling crime reports across major media outlets in the United States.

He gained unwanted notoriety after it was discovered that he had kept his 46-year-old wife with a disability locked inside their home in Clear Lake, in the U.S. state of Texas, for five years.

The motives behind this shocking case of domestic violence remain unknown, as does the identity of the victim, who is only known to have a severe disability.

During all that time, Johnson managed to isolate her from relatives and friends, and authorities were unaware of her situation. She had no access to a phone or the internet.

Police revealed that the woman was physically abused and severely malnourished. He allegedly gave her only one egg a day and a modest dinner. In addition, he failed to provide the necessary medical care required for her disability.

Johnson ultimately sealed his own fate. Two weeks ago, he briefly left his phone on a bedside table in the room where the woman was locked. She quickly used the opportunity to call the police. During the call, Johnson entered the room, slapped her, and ended the call, but the police had enough time to trace the location.

He was arrested the same day and charged with injuring and abusing a person with a disability. He was later released on $100,000 bail, but only temporarily, as he is expected to face a long prison sentence after trial.

Johnson had purchased a five-bedroom house worth one million dollars, where he had lived with his wife for at least six years, appearing to lead a normal life. Meanwhile, the woman remains in hospital, undergoing rehabilitation after her ‘peaceful’ married life.

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Disability digest

CHRIS NIKIC Sneakers designed for people with Down syndrome

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Photo: Adidas.com

Until the development of these sneakers, Chris Nikic regularly struggled to run even a few kilometers without pain and blisters, as there was no footwear designed to meet the unique needs of his foot anatomy

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American of Croatian descent Chris Nikic served as an inspiration to one of the world’s largest sports equipment companies, Adidas, in creating a new model of sneakers specifically designed for people with Down syndrome.

Chris Nikic was the first person with Down syndrome to complete an Ironman triathlon. At Adidas, they say that through their shared ambition with Chris to break barriers, they embarked on a multi-year mission to design running shoes that meet the unique needs of people with disabilities and make sport more accessible.

Until the release of this sneaker, called Supernova Rise 3 Adaptive, Chris regularly struggled to run even a few kilometers without pain and blisters because no shoe had been designed to meet the specific needs of his foot anatomy. Since partnering with Adidas, Chris has worn various prototypes that not only allowed him to complete three Ironmans, four half-Ironmans, and 20 marathons.

– What feels like a pain level of 2 out of 10 to most people feels like an 8 to me. Adidas understood exactly what I needed in a shoe. Now I love running because my feet no longer hurt – said Chris.

To ensure the sneakers meet diverse needs, Adidas partnered with GAMUT Management, a leader in inclusive product design, to facilitate product testing that provided the team with key insights and feedback throughout the development process. These focus groups included people with Down syndrome, wheelchair users, individuals living with chronic illnesses, people with mobility and fine motor challenges, as well as those with upper and lower limb differences, and also included two Paralympians, Tracy Otto and Haven Shepherd.

– My experience collaborating with Adidas on this project has been incredible and a true adventure. The entire team was dedicated to making this the best adaptive sneaker available, incorporating features that give me the freedom and independence I had been missing for so long – said Paralympian Tracy Otto.

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