CEDAW/C/89/D/170/2021
disabilities for involuntary sterilization […] is an increasingly global problem”. 36 The
Special Rapporteur has also asserted that “forced abortions or sterilizations carried
out by State officials in accordance with coercive family planning laws or policies
may amount to torture”. 37 In the same vein, the Special Rapporteur on violence
against women and girls, its causes and consequences has asserted that “forced
sterilization and forced abortion are crimes and forms of gender-based violence
against women”, 38 and that “forced sterilization is an example of intersectional
discrimination often targeting women belonging to minorities and Indigenous
women”. 39 The Committee is aware that many women (including women who are of
African descent, HIV-positive, living in poverty, incarcerated, or lesbian, bisexual,
transgender or intersex) may be affected by intersectional forms of discrimination.
Indigenous women with disabilities, for example, commonly experience the denial of
legal capacity, which leads to further human rights violations, including in the areas
of access to justice, institutionalized violence and forced sterilization. 40
8.4 The Committee takes note of the State party’s argument that measures exist to
ensure the free, prior, full and informed consent of women in sexual and reproductive
health procedures and that, on the basis of the information provided by the authors, it
cannot be verified that they in fact underwent procedures as part of the Programme on
Reproductive Health and Family Planning or that they did not give their consent. In the
coherent and consistent narrative presented by the authors, they were co-opted by means
of coercion, pressure or deception, as part of campaigns, in clinics without specialized
infrastructure or personnel; they underwent procedures without their informed consent;
some of them did not know how to read and/or did not speak Spanish and lived in
remote areas; and, in some cases, they did not understand the significance of the
procedure or the fact that it was permanent. The Committee also notes that the authors
have been included in the Registry of Victims of Forced Sterilization since 2017 and
that, in order to be included, they submitted documents attesting to the fact that they
had been sterilized under the Programme on Reproductive Health and Family Planning.
The Committee recalls that, in accordance with its general recommendation No. 24
(1999), quality healthcare services are those that are delivered in a way that ensures that
a woman gives her fully informed consent, respects her dignity, guarantees her
confidentiality and is sensitive to her needs and perspectives. 41 However, since 2002,
the Committee has noted with concern numerous cases of women being sterilized
without their prior informed consent, through the use of psychological violence or the
promise of financial incentives, thereby affecting those women’s right to decide on the
number and spacing of their children. 42 The Inter-American Court of Human Rights has
underscored that sterilization without consent is a phenomenon that, in various contexts
and parts of the world, has had a greater impact on women belonging to groups that are
more likely to suffer that human rights violation, as a result of their socioeconomic
position, race, disability or HIV status. 43 Although sterilization is used as a form of
contraception for both women and men, forced sterilization disproportionately affects
women, because of their gender, on the basis of perceptions about their primarily
reproductive role and their inability to make responsible reproductive health and family
__________________
36
37
38
39
40
41
42
43
16/19
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment (A/HRC/22/53), para. 48.
Ibid.
Report of the Special Rapporteur on violence against women, its causes and consequences
(A/74/137), para. 21.
Ibid., para. 44.
General recommendation No. 39 (2022), para. 21.
See N.A.E. v. Spain (CEDAW/C/82/D/149/2019), para. 15.7.
Concluding observations on the fifth periodic report of Peru, 23 August 2002 (A/57/38 (Supp)),
para. 484.
Inter-American Court of Human Rights, I.V. v. Bolivia, Judgment, 30 November 2016, para. 247.
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