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

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...

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Main Author: Laura Elliott
Format: Article
Language:English
Published: MDPI AG 2017-07-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/6/3/8
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author Laura Elliott
author_facet Laura Elliott
author_sort Laura Elliott
collection DOAJ
description 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.
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spelling doaj.art-544a8858687a4f13963b8df33f2f9fdd2022-12-22T04:08:53ZengMDPI AGLaws2075-471X2017-07-0163810.3390/laws6030008laws6030008Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in AustraliaLaura Elliott0Graduate student, Melbourne Law School, University of Melbourne, 185 Pelham St, Carlton, VIC 3053, AustraliaThis 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.https://www.mdpi.com/2075-471X/6/3/8disabilityhuman rightssterilisationviolencemedical procedureslegal capacityconsentwomengirlsConvention on the Rights of Persons with Disabilities
spellingShingle Laura Elliott
Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia
Laws
disability
human rights
sterilisation
violence
medical procedures
legal capacity
consent
women
girls
Convention on the Rights of Persons with Disabilities
title Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia
title_full Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia
title_fullStr Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia
title_full_unstemmed Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia
title_short Victims of Violence: The Forced Sterilisation of Women and Girls with Disabilities in Australia
title_sort victims of violence the forced sterilisation of women and girls with disabilities in australia
topic disability
human rights
sterilisation
violence
medical procedures
legal capacity
consent
women
girls
Convention on the Rights of Persons with Disabilities
url https://www.mdpi.com/2075-471X/6/3/8
work_keys_str_mv AT lauraelliott victimsofviolencetheforcedsterilisationofwomenandgirlswithdisabilitiesinaustralia