Guardians of people with mental disabilities will no longer be able to decide whether the individuals they care for can be forcibly sterilised.

Forced sterilisation is currently criminalised. However, if a person is under guardianship, their legal custodian can decide to sterilise them.

New amendments to the criminal code will make that illegal, and anyone who breaches the law could end up in prison for nine years.

"There will now be complete prohibition on forced sterilisation. This is a win for the disability sector in our country and for every person who in some way or other could be a victim of this situation," Inclusion Minister Julia Farrugia Portelli said on Thursday.

She said forced sterilisation violated human rights and the Istanbul Convention. 

Authorities are aware of at least one documented case in 2016 of forced sterilisation, Farrugia Portelli said. 

Addressing the same press conference, Alistair de Gaetano said that the case involved a woman with a mental disability who underwent a procedure of tubal ligation without her consent. 

De Gaetano, a legal advisor within the ministry, said that there might be other cases of forced sterilisation that are however listed as 'other medical procedures'. 

Sterilisation means the removal of the uterus or tubal ligation in women and a vasectomy for men. People can choose to be sterilised to prevent pregnancies or for health reasons like controlling heavy bleeding, de Gaetano said. 

"As long as someone chooses for themselves, it is fine. The problem is when that is not the case," he said. 

The amendments clarify that consent to sterilisation must be given in an informed and free way. 

This means that a person must be aware of what they are accepting and are under no duress when choosing to be sterilised, Farrugia Portelli said. 

Anyone under 18 cannot consent, she said.

The law will include an exception for when a person's life or health is in grave danger, de Gaetano said. 

"For example, if a child has to undergo chemotherapy because of cancer or an adult person has uncontrollable bleeding, in that case, you can act to save the life of that person". 

The law has been approved by Cabinet and will be presented to parliament in the coming days. 

The amendment is set to be debated in the house after the Christmas recess, Farrugia Portelli said.