The Malta Independent 5 May 2024, Sunday
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Parliament begins discussing ban on forced sterilisation

Sabrina Zammit Wednesday, 10 January 2024, 18:44 Last update: about 5 months ago

Parliament on Wednesday started discussing a law that would prohibit forced sterilisation under all circumstances.

Under the proposed law, which was tabled late last year, doctors may perform sterilisations if a patient's life or well-being is at grave risk. Adults will retain the right to undergo sterilisation if they provide their voluntary consent.

The proposal was introduced by Inclusion Minister Julia Farrugia Portelli.

During a press conference last December, the Minister said that no person should be subject to such a procedure without their full consent.

It was explained that sterilisation is a medical procedure which acts as a permanent birth control. In women, the fallopian tubes are tied whilst men have what is known as a vasectomy; here both procedures end in sterilisation.

The Minister said that when such a delicate procedure, which is also very invasive, is forced, it leaves a very negative effect on the mental health of the person in question.

The bill is proposing legislative changes which state that for the procedure to be legal there must be informed consent, meaning that the person who is going to undergo the procedure has been given all the information. In this regard, Farrugia Portelli said that persons with any kind of disability will be able to give their own consent, even if they have a guardian appointed.

In ensuring that the individual is informed before consenting, the bill stipulated the implementation of a process known as Easy Read, which breaks the information down to the necessary level for one to understand.

In terms of provisions for people under the age of 18, the bill stipulates the automatic criminalisation of sterilisation, unless meeting certain circumstances, such as a proven medical necessity.

Lawyer Alistair de Gaetano had explained that any person who is found guilty of a forced sterilisation will be liable to a fine of between €8,000 and €20,000 and a prison term of between five and nine years.

The crime can also be found aggravated if the accused uses force, extortion, fraud, bribery, deceit, coercion or threats. This will result in an automatic increased prison sentence by a degree.

If introduced as law, Malta will be the 11th country implementing such a prohibition, which also ensures that the country aligns with the Istanbul Convention.

The bill was also endorsed by the European Forum for Disability.

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