The involuntary sterilization of women under International Human Rights Law

Abstract

This study seeks to analyze involuntary female sterilization from the perspective of reproductive rights, non-discrimination, and physical integrity, with the intention of understanding to what extent this practice is appropriate, considering the protection of maternal health, family planning or other public policies offered by States. Sterilization without free and informed consent is perceived by International and Regional Human Rights Treaties as a violation of human rights, with emphasis on those related to women. This practice brings up issues such as decision-making power over one's own body and possible family constitutions. Furthermore, it points to the risk of transgressing individual physical integrity in favor of a supposed collective interest, which may infringe in cases of eugenics and discrimination.