“In Europe, it will be one day written in history how the power to control our bodies and our motherhood, as women with disabilities, was taken away from us. As such, I would like to congratulate Malta’s government for being on the right side of history by criminalising forced sterilisation.”
These are the words of Sara Rocha, vice president of the European Disability Forum (EDF)’s women’s committee and a key activist in the fight to ban forced sterilisation.
Forced sterilisation, however, does not just affect people like Sara. It can happen to anyone, at any time. Young or older, of any gender and disabled or not. No person should ever be denied control over their bodily autonomy. And, even if a person is unable to signify their consent to sterilisation, no other person should ever be able to make this decision instead of them.
In 2023 and, especially, when there exist non-permanent alternatives to this procedure, no human being should suffer the indignity of forced sterilisation, be it for contraception or control.
This is why, earlier this week, I was proud to refer before the cabinet of ministers a bill to amend our Criminal Code and comprehensively ban forced sterilisation.
Following adoption of these amendments by parliament, sterilisation would only be possible with the free and informed consent of the person undergoing the procedure. Consent must be given without fear or threat, will be able to be withdrawn at any point and must be on the basis of an informed decision.
Informed does not only mean that a person is given all necessary information about the procedure, its consequences and alternatives thereto. Information must be provided in a manner that is understandable for the patient. This includes, for example, ‘Easy Read’ information for people with intellectual disabilities.
Additionally, the right to be supported by trusted individuals, such as personal assistants, is written into the bill.
We also recognise, however, that, at times, certain procedures can be medically necessary, such as to save a person’s life. Here, obtaining free and informed consent as laid out in the bill can be impossible or impractical and provision is made for such situations.
Otherwise, any person performing forced sterilisation, or assisting or procuring such, would be liable to imprisonment for between five and nine years and to additionally being fined between €8,000 and €20,000. Prison sentences would be increased by one degree should this crime be aggravated through the use of force, deceit, fraud, bribery, false pretences, coercion or threats.
Passage of this legislation will make Malta the 11th country in the EU fully banning forced sterilisation. This makes Malta a trendsetter, considering that 16 other member states still allow the practice to varying degrees, while three countries still allow for the sterilisation of minors.
No person should ever be denied control over their bodily autonomy- Julia Farrugia Portelli
It is worth noting that this practice runs counter to Malta’s obligations in terms of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the Council of Europe’s Convention on combatting Gender-Based Violence and Domestic Violence (Istanbul Convention). The practice was also condemned by the UN Committee on the Elimination of Discrimination against Women.
Therefore, it is of utmost significance that this bill is being piloted during the international 16 Days of Activism against Gender-Based Violence. And, additionally, during Disability Week. Because, although everyone can be a victim, this crime has been historically shown to disproportionately affect women. And, in particular, disabled women, principally women with intellectual disabilities.
This is why we have heeded the call of organisations, such as the European Disability Forum (EDF), to ban forced sterilisation.
Pirkko Mahlamäki, EDF executive board member and president of their women’s committee, congratulated Malta on what will be a historic decision and augured that Malta would become a champion in the fight to ban forced sterilisation at EU level. Similar sentiments were echoed by Ana Peláez, chairperson of the UN Committee on the Elimination of Discrimination against Women.
Locally, this bill was supported by key officials such as Rhoda Garland, Commissioner for the Rights of Persons with Disability, Samantha Pace Gasan, Commissioner for Gender-Based Violence and
Domestic Violence, Marthese Mugliette, president of the Malta Federation of Organisations of Persons with Disability and Jacob Callus, chairperson of the ENGAGE civil society committee within our ministry. ENGAGE also vetted this bill before it was referred to the cabinet.
At an event co-organised by Malta at the UN last June, Cristina Paradero, an autistic survivor of forced sterilisation, stated: “I am not proud to have suffered what I suffered, to suffer forced sterilisation in my own flesh, to see myself manipulated by my own family […], a great violation of sexual and reproductive rights, that has caused me to carry multiple traumas related to my sexuality throughout my life.”
Nobody should have to ever go through what Cristina went through.
Julia Farrugia Portelli is Minister for Inclusion, Voluntary Organisations and Consumer Rights.