Parliament has started debating legislation to ban forced sterilisation in all situations.
Doctors will however be allowed to sterilise a patient when their life or health are in serious danger. Adults will still be able to get sterilised if they freely consent to it.
The bill was moved in the House by Inclusion Minister Julia Farrugia Portelli.
It provides that whosoever surgically removes or disables a child or an adult's reproductive organs without free and informed consent, leading to sterilisation, shall be liable on conviction to imprisonment for five to nine years, and to a fine of between €8,000 and €20,000. Accomplices, including anyone who assists in the procurement of the procedure, will be liable to the same penalties.
No parent or legal guardian may give consent for such a procedure on minors except when deemed medically necessary by a doctor. To date, parents and guardians have been able to decide to sterilise people with mental disabilities.
Anyone convicted of carrying out or being an accomplice in the procedure while also resorting to the use of force, deceit, fraud, bribery, false pretences, coercion or threats will be subject to more severe punishment.
Farrugia Portelli said in the introduction of the debate that this was a historic day which underlined the dignity of persons with mental disabilities. Henceforth, no one would be able to decide for them on matters as serious as this.
Similarly, no other people could be forced into sterilisation. There had been cases abroad, for example, where HIV-positive women were forced to sterilise in order not to have HIV babies. This was unacceptable.
There were various forms of long-term contraception, the minister said, but no one should be denied the right to ultimately have children.
Sterilisation would be allowed only for extraordinary medical reasons, such as cancer of the uterus.
The government had announced the bill late last year, when the minister said that this was a win for the disability sector and for every person who in some way or other could be a victim of this situation.
She said forced sterilisation violated human rights and the Istanbul Convention.
Authorities were aware of at least one documented case in 2016 of forced sterilisation, Farrugia Portelli said. The case involved a woman with a mental disability who underwent a procedure of tubal ligation without her consent.
In terms of the new law, adults would still be able to undergo sterilisation to prevent pregnancies or for health reasons like controlling heavy bleeding, as long as they give informed and free consent.
Anyone under 18 cannot consent and adults can only decide for them for medical reasons.
The minister was followed by Nationalist MP Graziella Galea, who backed the bill and insisted that no one should force anyone to take such a drastic step as sterilisation. Those who wanted to do so for themselves needed to be well informed of the consequences.
The MP suggested that where sterilisation was deemed medically required, the decision should be taken by a team of doctors and not somebody on his own.
Other speakers included Claudette Buttigieg who urged the government to draw up an updated sexual health policy.
During the winding up of the debate the minister thanked the Opposition for its support and noted that no men had taken part in the debate. The bill was unanimously given a second agreement.