Only nine EU Member States explicitly criminalize forced sterilization, while 13 permit sterilization of people with disabilities, three of which also apply to minors. When it comes to the sexual and reproductive health rights of women with disabilities, the EU is far from being a union of equals, the EESC hearing made clear.
The sexual and reproductive health rights of women and girls with disabilities remain taboo in the EU and globally. Deprived of accessible information and services, and denied the right to make decisions about their own bodies, these women continue to face severe discrimination on many fronts, panelists concluded at a European Economic and Social Committee (EESC) hearing in Brussels on July 8.
The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Istanbul Convention, both of which have been ratified by the European Union, clearly state that people with disabilities should enjoy sexual rights and preserve their fertility on an equal basis with others. Yet there are significant gaps between the law and people’s lived experience.
Moreover, while speakers at the hearing welcomed the long-awaited EU Directive to combat violence against women and domestic violence as a step in the right direction, they said it was a missed opportunity because it did not criminalize rape or ban forced sterilization, which is outlawed under the Convention on the Rights of Persons with Disabilities and the Istanbul Convention.
The public hearing on ensuring the sexual and reproductive health rights of women with disabilities brought together members of the EESC, representatives of the European institutions and leading activists from disability and women’s organisations.
“The legislative framework adopted by the EU is a way forward, but the rules need to be strengthened. We highlight that there are forms of violence that are not yet covered by law, such as sexual harassment and forced sterilization, which still occur in 13 Member States and therefore need to be criminalised,” said EESC member Dovire Juodokaitė, co-rapporteur on the EESC opinion “Violence against women as a human rights issue: current state of measures across the EU”.
In its opinion, the EESC will highlight that women with disabilities are several times more likely to be victims of violence and that women with psychosocial or intellectual disabilities or mental health problems are most at risk.
Maria Rosa Mollica, European Commission Team Leader on “Stopping Violence against Women”, said that under the new EU Directive, Member States will be required to provide special support to women with disabilities who are victims of violence, take into account their specific situation when assessing their protection needs, and implement targeted preventive measures in formats accessible to people with disabilities.
Virginia Ossana, of Women Enabled International (WEI), said women with disabilities around the world routinely experience serious violations of their bodily autonomy and face higher rates of forced or coerced sterilization, contraception and abortions than women without disabilities.
“These procedural decisions are often taken by substitute decision makers such as parents, guardians or other interested parties without the person’s informed consent – a terrible violation that is often permitted by law,” Ossana said.
“It is very surprising that forced abortion and forced sterilization are not yet listed as specific crimes and it is unfortunate that the EU Directive turns a blind eye to this,” said Ana Pelaez Narváez, Chair of the UN Committee on the Elimination of Discrimination against Women (CEDAW), Executive Director of the European Disability Forum (EDF) and Vice President of the CERMI Women’s Foundation.
“Decisions about our own bodies are personal and private and should not be interfered with by state institutions,” Pelaez Narváez said. “The sexual and reproductive rights of women with disabilities should not be decided without their clear, free and informed consent. States should ensure that these women are educated and fully informed of their rights.”
“The EU has shamefully failed to ban forced sterilization,” said Sara Rochat, activist, board member of the European Council of Autistic People (EUCAP) and vice-chair of EDF’s women’s committee.
“The ableist and paternalistic idea that disabled women cannot make decisions about their own bodies or become mothers, the normalization of violence disguised as ‘care’ against us, and the view of our bodies as objects to be cared for rather than potential caregivers contribute to the EU’s complicity in eugenic ideology and human rights violations,” Rochat said.
Sterilization may be carried out on the pretext of menstrual management, protection from sexual abuse, contraception, or facilitating care. For these women, admission to a care facility may be a prerequisite for sterilization. Data on these cases remains scarce.
These women often lack adequate sexual and reproductive care, IVF and fertility treatments, and receive little support in transitioning to motherhood. Additionally, women’s health clinics are often ill-equipped to care for women with disabilities, and information on sexual and reproductive health rights is rarely provided in accessible formats.
Charlotte Olhausen of the European Union of the Deaf (EUD) gave examples of how deaf women face institutional marginalization and attitudinal and communication barriers when exercising their sexual and reproductive rights. Family planning has a medical approach and medical professionals often view deaf people negatively. She pointed to cases where deaf people have been denied IVF treatment because of their disability, or have been forced to have an abortion on the pretext that the child might be deaf.
Despite the widespread and systematic violations of the rights of these women and girls, their sexual and reproductive health rights are rarely discussed because their sexual orientation is shrouded in stigma and prejudice is widespread.
“No one is putting this issue on the agenda except disability NGOs,” said MEP Katrin Langensiepen. “We need allies inside and outside the European Parliament and the European Commission. Please be on our side.”
“There are many barriers in this area and a great deal of prejudice against women with disabilities,” concluded Schiff Holst, Chair of the EESC’s Special Group on Equality. “When it comes to access to sexual and reproductive health rights, we are far from a union of equals and action is needed.”