Forced sterilization

ECHR, Case of A.P., Garçon and Nicot v. France, Strasbourg 6 April 2017, (Applications N° 79885/12, 52471/13 et 52596/13) (On French authorities' refusal to allow three transgender individuals to change the gender marker on their birth certificate without having undergone sterilization surgery).

Andrea Szijjarto was sterilized without her informed consent by a Hungarian hospital during an emergency cesarean section procedure. While in a state of shock due to blood loss, Szijjarto was asked to provide her written consent to tubal ligation by signing an illegible hand-written note describing the procedure in terms she did not understand. Szijjarto charged the hospital with negligence in failing to obtain her full and informed consent to the coerced sterilization.

The Abortion and Sterilization Act (the “Act”) was adopted from South Africa and prohibits abortions, except in extreme circumstances where either: (i) the mother’s life is in danger; (ii) not having an abortion would constitute a serious threat to the mother’s mental health; (iii) there is a serious risk that the child will be born with physical and/or mental defects; or (iv) the child is a product of rape or incest. It also criminalizes performing abortions, except in the circumstances listed above.

In Anonymous v. Anonymous, 469 So. 2d 588 (Ala. 1985), the Supreme Court of Alabama addressed whether parents could obtain court authorization to sterilize their minor daughter, who was fourteen years old and had significant intellectual disabilities. The parents argued that sterilization was necessary to prevent pregnancy, which they believed would endanger her health and well-being.

Baby “A” was born with both male and female genitalia. Kenyatta National Hospital issued the baby’s mother with various documents used in the process of carrying out genitogram tests, x-rays, and scans on the baby, and a question mark was entered in the column indicating the child’s sex. To date, the child has never been issued a birth certificate. The petitioners requested a declaration of the court that the Constitution protects and recognizes intersex children.

The Charter of Human Rights and Responsibilities Act (Victoria) aims to protect and promote the human rights set out in Part 2, including property rights and freedom from forced work (slavery), as well as the right to enjoy those human rights without discrimination. With respect to any proposed new law, the member of Parliament proposing the law must prepare a 'statement of compatibility', which must examine the proposed law’s compatibility (or incompatibility) with the human rights protected in the Charter.

After having her first child in China in 1984, Cheung had three abortions and moved to a new province in 1986 to avoid problems with local authorities on the basis of China’s one-child policy. Cheung had another child in that province. Cheung moved to Canada, knowing that she would be sterilized if she returned to China. The Immigration and Refugee Board determined that Cheung and her daughter did not have the “well-founded fear of persecution” necessary for Convention refugee status, and Cheung appealed.

Under certain defined circumstances, Virginia law permits sterilization for children and adults incapable of informed consent. The procedures for children incapable of informed consent are outlined in Code of Virginia § 54.1-2975 and the procedures for adults are outlined in § 54.1-2976.

Article 494 of the Penal Code criminalizes sexual crimes committed in the context of armed conflict, whether international or internal. It explicitly covers rape, sexual slavery, sexual exploitation, forced prostitution, forced pregnancy, forced sterilization, and other forms of sexual violence committed against persons protected under international humanitarian law.

Mrs. I.G., Mrs. R.H., and Mrs. M.K.