Thursday, July 7, 2016
Expert Testimony in Inter-American Court's Forced Sterilization Case
Reprohealth Law (June 15, 2016): Forced Sterilization Case Against Bolivia: Expert Testimony by Christina Zampas:
We continue to follow the story of I.V. v. Bolivia, the Inter-American Court of Human Rights' first case of forced sterilization (see previous post here). Brought against Bolivia by an immigrant woman from Peru, the case alleges multiple violations of the American Convention on Human Rights by doctors who claim they obtained her consent to sterilization during a cesarean section. The doctors claimed the patient needed to be sterilized because a future pregnancy would be dangerous.
An expert on forced sterilization, Christina Zampas brought to bear the United Nations' and the European Court of Human Rights' standards on the subject, including numerous cases against Slovakia concerning the forced sterilization of Roman women. Her position is that sterilization for the prevention of future pregnancy cannot be justified on the ground of medical emergency:
Even if a future pregnancy might endanger a person’s life or health, alternative contraceptive methods can be used to ensure that the individual does not become pregnant immediately. The individual must be given the time and information needed to make an informed choice about sterilization. The provision of information, counseling and sterilization under the stressful conditions of childbirth are not only a violation of the right to information but also violate the right to privacy, physical integrity and human dignity and are a gross disregard for an individual’s autonomy, rising to the level of inhuman and degrading treatment.
Zampas also urged the court to recognize the multiple layers of discrimination underlying sterilizations in circumstances like those faced by I.V. and justified by "medical necessity." The decision to sterilize, usually made by men, is often informed by stereotypes that cast women as incapable of rational reproductive decision making.