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

Laura Elliott
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Laura Elliott: Graduate student, Melbourne Law School, University of Melbourne, 185 Pelham St, Carlton, VIC 3053, Australia

Laws, 2017, vol. 6, issue 3, 1-19

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.

Keywords: disability; human rights; sterilisation; violence; medical procedures; legal capacity; consent; women; girls; Convention on the Rights of Persons with Disabilities (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2017
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (2)

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Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:6:y:2017:i:3:p:8-:d:103538

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