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.
