AUSTRALIA: The Development of Legislation to Authorise Procedures for the Sterilisation of Children with Intellectual Disabilities

[25 June 2007] - WWDA has worked for a number of years on the issue of unlawful sterilisation of women and girls with disabilities.

In recent months, WWDA’s advocacy on this issue has related to the draft national, uniform legislation ‘Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2006’. WWDA understands that the Standing Committee of Attorneys-General (SCAG), at its April 2007 meeting, resolved to continue working on the development of the draft ‘Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2006’.

WWDA has detailed their concerns regarding this draft Bill, with previous correspondence to the Federal, State/Territory Attorney’s General and other stakeholders.

WWDA maintains the view that sterilisation is a question for adulthood not childhood, and strongly recommends that the Australian Government, through its national ministerial council of Attorney’s General, develop universal legislation which prohibits sterilisation of children (regardless of disability) except in those circumstances where there is a serious threat to health or life.

WWDA takes this opportunity to provide a copy of WWDA’s Policy & Position Paper entitled ‘The Development of Legislation to Authorise Procedures for the Sterilisation of Children with Intellectual Disabilities’.

The paper seeks to articulate WWDA’s position on the issue of the forced sterilisation of minors, particularly in the context of the Standing Committee of Attorneys-General (SCAG) work on the development of uniform legislation to authorise procedures for the sterilisation of children with an intellectual disability. The paper raises a number of key issues that WWDA asserts must be thoroughly considered in this debate, including: the application of human rights principles; pre-emptive assumptions; definitions, terminology and language; the consideration of procedures and their consequences; and, compliance with international human rights treaties.

Further information

pdf: http://www.crin.org/docs/wwdapolicymay071.doc

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