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Laws 2017, 6(3), 8; doi:10.3390/laws6030008

Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia

Graduate student, Melbourne Law School, University of Melbourne, 185 Pelham St, Carlton, VIC 3053, Australia
Received: 17 May 2017 / Revised: 17 June 2017 / Accepted: 21 June 2017 / Published: 4 July 2017
(This article belongs to the Special Issue Disability Human Rights Law)
View Full-Text   |   Download PDF [237 KB, uploaded 4 July 2017]

Abstract

This paper considers the issue of forced sterilisation of women and girls with disabilities in the Australian context. It examines the history and ideological underpinning of this practice, the current Australian regime and the present rationales for court or tribunal authorisation of a sterilising procedure. It is by no means an exhaustive coverage, but aims to critically analyse the current system and make recommendations for reform of Australian law and policy. This paper ultimately concludes that the practice of forced sterilisation in Australia should be criminalised, save for exceptional circumstances. View Full-Text
Keywords: disability; human rights; sterilisation; violence; medical procedures; legal capacity; consent; women; girls; Convention on the Rights of Persons with Disabilities disability; human rights; sterilisation; violence; medical procedures; legal capacity; consent; women; girls; Convention on the Rights of Persons with Disabilities
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Elliott, L. Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia. Laws 2017, 6, 8.

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