Sterelisation of Young Women with Mental Disabilities

Sterilisations of some young women with mental disabilities have been always involved legal debate and seen to be ethical issues. Recently in Australia, the Federal Disability Commissioner has been alarmed on the increasing numbers of disabled women and girls who are being sterilised. The Commissioner urges all the states and territories about the extent of the practice, where some parents approach medical practitioners about the possibility of sterilisation procedure of their disabled children without the authority of courts and tribunals (ABS News, 2012). This paper discusses the role of the court, parents and other stakeholders and explores some ethical issues in the purpose of the sterilisation of mentally handicap minors’ women. Knowing that sterilisation is irreparable, court orders emphasizes that parents or legal guardians who usually permit to medical procedures, not even the doctors but only the courts (Guardian and Administration Act, 1990). Moreover, it is proposed that sterilisation of mentally disabled women should not be allowed unless there is obvious reasons such pregnancy might place the life of patient in imminent danger and the sterilisation procedure must be the last option for the best interest of the child (Goldman & Quint, 1991).

According to Blackwood (1991) sterilisation on disabled young women was an unusual practice based on the reason that was in their best welfare, they would not have to concern about menstruation, pregnancy, and the possibility of having disabled children in the future. Sterilisations among intellectually disabled women have started in the United States of America from 1920s to 1970s under the eugenics theory (Silver, 2003). During this era treatment and recognition of mentally d...

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Report on Consent to Sterilisation of Minors: Project No. 77 Part n. (1994). Law Reform Commission of Western Australia.

Silver, M. G. (2003). Eugenics and Compulsory Sterilization Laws: Providing Redress for the Victims of a Shameful Era in United States History. Geo. Wash. L. Rev., 72, 862.

Wilkinson, J.E. & Cerreto, M.C. (2008). Primary care for women with intellectual disabilities. J Am Board Fam Med. 21:215-222.