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Organizations in several countries reject decision of the Colombian Constitutional Court allowing for sterilization of minors with disabilities without their consent.

Bogota, Colombia, March 18, 2014. On March 11th, the Colombian Constitutional Court validated the practice of surgical sterilization of minors with intellectual and psychosocial disabilities after considering a constitutional challenge to article 7 of Law 1412 of 2010, which prohibited the practice of surgical sterilization for contraceptive purposes on minors in all cases. (Decision C-133/14 – Press Release No. 08)

Although the Constitutional Court declared article 7 constitutional, it stated that “when it comes to minors with disabilities for whom there is a proven impossibilityto give consent in the future to undergo sterilization procedures, the parents, or in any case, the legal guardian, must request judicial authorization to allow surgical sterilization. In that sense, previous case law has considered that a person that does not have the capacity to understand what sterilization is or its consequences, as it is the case of mental disabilities, she or he will hardly be in a place to understand the responsibility attached to the exercise of maternity or paternity and therefore, the implications of being able to or not to procreate”. The Court added: “The decision to undergo surgical sterilization ensures more dignified living conditions for those who cannot make decisions related to the exercise of their reproductive freedom and that may be exposed to forced pregnancies in detriment of their dignity and personal integrity.” Justices Luis Guillermo Guerrero and Luis Ernesto Vargas will draft concurring opinions because they consider that such interpretation goes against applicable international human rights standards.

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Country: Colombia
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Source: Programa de Acción por la Igualdad y la Inclusión Social (PAIIS)
When: 24/3/2014

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