This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.guardian.co.uk/world/2013/jul/17/senators-ban-sterilising-disabled-children

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Senators call for ban on sterilising disabled children without their consent Senators call for ban on sterilising disabled children without their consent
(2 months later)
Sterilising children with disabilities without their consent should be banned, unless it can be proven that the child's capacity to consent will never develop, an Australian Senate committee report has recommended.Sterilising children with disabilities without their consent should be banned, unless it can be proven that the child's capacity to consent will never develop, an Australian Senate committee report has recommended.
The report also says that families taking disabled children overseas for sterilisation should face criminal charges.The report also says that families taking disabled children overseas for sterilisation should face criminal charges.
The recommendations from the Senate committee on involuntary sterilisation of disabled people would constitute a radical overhaul if enacted, resulting in the substantial narrowing of conditions allowing for disabled children to be sterilised without consent. At present the practice is allowed in all states and territories if a tribunal or family court deems it to be in the best interests of the child.The recommendations from the Senate committee on involuntary sterilisation of disabled people would constitute a radical overhaul if enacted, resulting in the substantial narrowing of conditions allowing for disabled children to be sterilised without consent. At present the practice is allowed in all states and territories if a tribunal or family court deems it to be in the best interests of the child.
But in 2011, the United Nations human rights council said the current legal framework was in violation of a child's rights and recommended developing measures "enforcing strict guidelines to prevent sterilisation of women and girls who are affected by disabilities and are unable to consent".But in 2011, the United Nations human rights council said the current legal framework was in violation of a child's rights and recommended developing measures "enforcing strict guidelines to prevent sterilisation of women and girls who are affected by disabilities and are unable to consent".
The Senate committee has been sitting for 10 months, and acknowledged the issue as "emotive, complex, and deeply personal". It heard evidence from a range of people and organisations, including the Australian Human Rights Commission (AHRC) – the government body set up to monitor discrimination – as well as parents of disabled children, and disabled people who had been sterilised themselves.The Senate committee has been sitting for 10 months, and acknowledged the issue as "emotive, complex, and deeply personal". It heard evidence from a range of people and organisations, including the Australian Human Rights Commission (AHRC) – the government body set up to monitor discrimination – as well as parents of disabled children, and disabled people who had been sterilised themselves.
In an account contained within the AHRC's submission, a 34-year-old woman described how, aged 12, she was told by her parents she was having her appendix out, but found out nine years later it was actually her uterus that had been removed.In an account contained within the AHRC's submission, a 34-year-old woman described how, aged 12, she was told by her parents she was having her appendix out, but found out nine years later it was actually her uterus that had been removed.
She said: "If they'd told the truth and asked me, I would have shouted 'no!'... My sterilisation makes me feel I'm less of a woman when I have sex because I'm not normal down there … When I see other mums holding their babies, I look away and cry because I won't ever know that happiness."She said: "If they'd told the truth and asked me, I would have shouted 'no!'... My sterilisation makes me feel I'm less of a woman when I have sex because I'm not normal down there … When I see other mums holding their babies, I look away and cry because I won't ever know that happiness."
The committee acknowledged that in exceptional cases, where an individual's ability to consent would never be realised, involuntary sterilisation should still be permitted. But it called for greater development of education and support programs for disabled people and their families to inform the decision. "The committee expects that, with appropriate supported decision-making, there will be very few Australians who altogether lack decision-making capacity," the report says.The committee acknowledged that in exceptional cases, where an individual's ability to consent would never be realised, involuntary sterilisation should still be permitted. But it called for greater development of education and support programs for disabled people and their families to inform the decision. "The committee expects that, with appropriate supported decision-making, there will be very few Australians who altogether lack decision-making capacity," the report says.
The committee also expressed alarm at submissions indicating sterilisation could be considered as a means of mitigating pregnancy risks associated with sexual violence.The committee also expressed alarm at submissions indicating sterilisation could be considered as a means of mitigating pregnancy risks associated with sexual violence.
One account quoted in the report, from Prof John Carter, who is described as having "extensive contact" with other parents of children with intellectual disability, says: "A lot of mothers that we know are concerned about the possibility of sexual abuse of their daughters and therefore the possibility of pregnancy." He goes on to give an example of one mother who took her child to New Zealand for a hysterectomy.One account quoted in the report, from Prof John Carter, who is described as having "extensive contact" with other parents of children with intellectual disability, says: "A lot of mothers that we know are concerned about the possibility of sexual abuse of their daughters and therefore the possibility of pregnancy." He goes on to give an example of one mother who took her child to New Zealand for a hysterectomy.
The committee recommends that any attempt to take a child or adult overseas for sterilisation should be made an offence under law.The committee recommends that any attempt to take a child or adult overseas for sterilisation should be made an offence under law.
Another key recommendation contained within the report is to ensure that all states and territories use the same definition of a person's capacity to consent. It recommends that courts and tribunals introduce a questionnaire and information pack to provide guidance for medical experts assisting the courts in sterilisation decisions. It also says that independent representation should be ensured for any disabled person having a case heard. This representation should not be a family member or caregiver, although family or guardians should "have a right to be involved".Another key recommendation contained within the report is to ensure that all states and territories use the same definition of a person's capacity to consent. It recommends that courts and tribunals introduce a questionnaire and information pack to provide guidance for medical experts assisting the courts in sterilisation decisions. It also says that independent representation should be ensured for any disabled person having a case heard. This representation should not be a family member or caregiver, although family or guardians should "have a right to be involved".
"This was an extensive inquiry that has taken a number of months to complete. The committee has made a point of speaking to as many people as possible, undertaking both private and public hearings. We were particularly keen to talk to people with disability," Greens senator Rachel Siewert, chair of the community affairs references committee, said on Wednesday."This was an extensive inquiry that has taken a number of months to complete. The committee has made a point of speaking to as many people as possible, undertaking both private and public hearings. We were particularly keen to talk to people with disability," Greens senator Rachel Siewert, chair of the community affairs references committee, said on Wednesday.
"The recommendations contained within the report address the complexities of this issue, with a view to the rights of people with disability and supporting families and health professionals that provide them with crucial support," she added."The recommendations contained within the report address the complexities of this issue, with a view to the rights of people with disability and supporting families and health professionals that provide them with crucial support," she added.
Jane Chivers, a senior project co-ordinator with Family Planning NSW, welcomed the report's recommendations. She said: "We are grateful to the committee for their report which acknowledges that people with disabilities have the capacity to make their own decisions related to their reproductive and sexual health and should be given every opportunity to do so."Jane Chivers, a senior project co-ordinator with Family Planning NSW, welcomed the report's recommendations. She said: "We are grateful to the committee for their report which acknowledges that people with disabilities have the capacity to make their own decisions related to their reproductive and sexual health and should be given every opportunity to do so."
Our editors' picks for the day's top news and commentary delivered to your inbox each morning.Our editors' picks for the day's top news and commentary delivered to your inbox each morning.
Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe.
Our editors' picks for the day's top news and commentary delivered to your inbox every weekday.