COERCED STERILIZATION AS A REPRODUCTIVE RIGHTS VIOLATION

Abstract

The aim: To outline and systematize the issues related to violations and restrictions on the realization of the right to reproduction. To develop propositions and recommendations on improving the prevention and combating various manifestations of coerced sterilization. Materials and methods: Theoretical basis for studying this issue includes scientific publications, research of the legislative systems of different countries, the conclusions of international non-governmental organizations. The authors of the paper have also taken into account international regulations, including UN Conventions and Directives, decisions of the European Court of Human Rights (ECHR), as well as analytical data provided by international organizations. Determinants in the study of this problem are the analysis, synthesis and generalization of the experience and legislative base of foreign countries, which are closely related to formal and comparative methods. Systematic, structural, dialectical and statistical methods have been also used in this paper to substantiate the problem of sterilization. Conclusions: The most radical decision to refuse from reproduction is surgical sterilization (defertilization). It can be classified as voluntary, forced and coerced. The problems of preventing and combating coerced sterilization are among the most difficult ones. Bribery and mental coercion of persons in order to obtain consent for sterilization are either not regulated by law and do not entail any liability, including criminal, or even are part of the state government policy to regulate the number of citizens in overpopulated countries, HIV-infected people, including prisoners or transgender people.