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Court authorised sterilisation and human rights: inequality, discrimination and violence against women and girls with disability

Journal Article


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Abstract


  • Since at least the early 1990s, disability rights advocates have argued for the prohibition of sterilisation of women and girls with disability without their consent (‘non-consensual sterilisation’) except in that small proportion of instances where there is a serious threat to life. In part, this argument has been framed in terms of human rights: the act of non-consensual sterilisation (except where there is a serious threat to life) is fundamentally an act of discrimination and violence which violates multiple human rights including the rights to equality and non-discrimination, freedom from torture and personal integrity. In recent years these arguments have been increasingly supported by international human rights bodies which have framed non-consensual sterilisation of women and girls with disability as a violation of human rights and urged states parties, including Australia, to prohibit the practice.

Publication Date


  • 2016

Citation


  • L. Steele, 'Court authorised sterilisation and human rights: inequality, discrimination and violence against women and girls with disability' (2016) 39 (3) University of New South Wales Law Journal 1002-1037.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=3515&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/2506

Number Of Pages


  • 35

Start Page


  • 1002

End Page


  • 1037

Volume


  • 39

Issue


  • 3

Place Of Publication


  • Sydney, Australia

Abstract


  • Since at least the early 1990s, disability rights advocates have argued for the prohibition of sterilisation of women and girls with disability without their consent (‘non-consensual sterilisation’) except in that small proportion of instances where there is a serious threat to life. In part, this argument has been framed in terms of human rights: the act of non-consensual sterilisation (except where there is a serious threat to life) is fundamentally an act of discrimination and violence which violates multiple human rights including the rights to equality and non-discrimination, freedom from torture and personal integrity. In recent years these arguments have been increasingly supported by international human rights bodies which have framed non-consensual sterilisation of women and girls with disability as a violation of human rights and urged states parties, including Australia, to prohibit the practice.

Publication Date


  • 2016

Citation


  • L. Steele, 'Court authorised sterilisation and human rights: inequality, discrimination and violence against women and girls with disability' (2016) 39 (3) University of New South Wales Law Journal 1002-1037.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=3515&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/2506

Number Of Pages


  • 35

Start Page


  • 1002

End Page


  • 1037

Volume


  • 39

Issue


  • 3

Place Of Publication


  • Sydney, Australia