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strongly of a man walking away when responsible for the birth of a child 31 . One of the
judges was “not impressed” that specialist counselling which was offered by an expert
as a possible alternative to surgery for the Official Solicitor who was acting on behalf
of A 32 and preferred a surgical solution on the grounds that it was “more realistic”. This
option was not further pursued. The judges dismissed the application for the
sterilisation on the grounds that if A did enter a relationship, which was hypothetical,
the onus for protection from pregnancy would be with the woman. 33
Menstrual management
A number of the cases proposed hysterectomy in a woman’s best interests because of
problems with menstruation 34 . Of the 13 cases of this kind I examined, 10 of the
applications were allowed 35 and 3 declined 36 . 8 of the applications were in response to
problems experienced after the onset of menstruation 37 . The remaining 5 concerned
problems which were anticipated, prior to the onset of menstruation 38 . Of the 5 which
anticipated issues arising from future menstruation, four declared the hysterectomy
lawful. The issues arising were similar for both the women who were experiencing
problems with menstruation and those that anticipated problems. They included very
heavy periods 39 , problems coping with personal hygiene 40 , behavioural problems with
hormonal flux 41 , negative reaction to pain and blood 42 and increased risk of epilepsy 43 .
Consider the English case of Re Z [2000]. Z was then 19 years old, with Down’s
Syndrome. From the age of 12 onwards, she had been suffering from heavy, painful and
31
Re A [2000] p. 4.
32
Thorpe LJ (p. 12).
33
Butler-Sloss, Dame (p. 10).
34
Re S [2001], Re Z [2000], JLS v JES [1996], Re L & M [1993], Re E [1992], Re G F [1992], Re Marion
(No 2) [1992], Re X [1991], Re Elizabeth [1989], Re S [1989], Re Jane [1988], Re a Teenager [1988], Re
K [1985].
35
Re Z [2000], JLS v JES [1996], Re E [1992], Re G F [1992], Re Marion (No 2) [1992], Re X [1991], Re
Elizabeth [1989], Re S [1989], Re Jane [1988], Re a Teenager [1988].
36
Re S [2001], Re L & M [1993], Re K [1985].
37
Re S [2001], Re Z [2000], JLS v JES [1996], Re L & M [1993], Re E [1992], Re G F [1992], Re
Marion (No 2) [1992], Re Jane [1988],
38
Re X [1991], Re Elizabeth [1989], Re S [1989], Re a Teenager [1988], Re K [1985].
39
Re S [2001], Re Z [2000], Re E [1992], Re G F [1992].
40
Re Z [2000], Re L & M [1993], Re X [1991], Re S [1989].
41
Re Marion (No 2) [1992].
42
Re Z [2000], Re Marion (No 2) [1992], Re a Teenager [1988], Re K [1985].
43
Re L & M [1993], Re Elizabeth [1989].
164