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

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posted on 2024-11-16, 01:41 authored by Linda Steele
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.

History

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.

Journal title

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL

Volume

39

Issue

3

Pagination

1002-1037

Language

English

Notes

Permission granted from University of New South Wales Law Journal to post published version.

RIS ID

109690

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