Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

210 PRACTITIONERS GUIDE No. 12
Forced sterilization
The Istanbul Convention recognizes forced sterilization and
forced abortion as crimes.
Article 39 – Forced abortion and forced sterilization
“Parties shall take the necessary legislative or other
measures to ensure that the following intentional conducts
are criminalised:
“a performing an abortion on a woman without her prior
and informed consent;
“b performing surgery which has the purpose or effect of
terminating a woman’s capacity to naturally reproduce
without her prior and informed consent or
understanding of the procedure.”
Using forced sterilization against women to control the
reproductive behaviours of certain women or groups of women
is a form of violence against women. Cases of forced
sterilizations of specific ethnic groups of women in Europe, the
United States and Canada have been reported. 555 A case in
Peru against an indigenous woman has also been brought to
the Inter-American Commission, 556 and a criminal prosecution
regarding a policy of forced sterilization of indigenous women in
Peru is still on-going.
555
In-depth study on violence against women, above note 551,
paragraph 142: “The use of sterilization to control the reproductive
behaviour of the female population or a particular subgroup,
constitutes violence against women. While there are no systematic
quantitative studies, the practice of forced sterilization has been
confirmed and condemned in regional and national courts. Cases of
forced or coerced sterilizations of certain populations such as Roma
women and girls in Europe and indigenous women in the United States
and Canada have been reported.”
556
María Mamérita Mestanza Chávez v Peru, Inter-American
Commission on Human Rights Case No 12.191, Report No 71/03 (22
October 2003).