Woman with psycho-social disability to be sterilized

THE issue of the sterilization of a woman with a psycho-social disabilities running on our face book page was raised from Malawi. A mother, working together with a named nurse, intended to have her daughter, who is above thirty, sterilized on the basis of her psycho-social condition. We work with a paralegal organization which reported the matter to us. The organization was given advice to intervene. The mother has since suspended the sterilisation but had vowed to do so despite human rights issues being raised.

The issue of sterilizing girls and women with psycho-social and intellectual disabilities is not new in Africa.

The time has come to stop the scourge. Girls and women with psycho-social and intellectual disabilities are equally recognized as persons before the law and this must remain as such. This should not call for any debate because they are persons. The issue of their condition does not in anyway reduce their personhood. In view of this, they must enjoy respect for their inherent dignity; respect for their mental and physical integrity and freedom to make choices. Right!

The African governments should ensure that girls and women with psycho-social and intellectual disabilities enjoy and exercise their rights on an equal basis with others. This is to comply with the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). In its Article 6, the CRPD states that “States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms”.

The CRPD recognizes persons with disabilities as persons before the law. In Article 12 it states that, “States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life”. ‘In all aspects of life’ by the way. Legal capacity in this instance means a person has got rights; are able to exercise those rights; have got autonomy, including the freedom to make their own choices; they are independent and can make decisions independently and be able to execute those decisions. I know this has raise your eye balls when it comes to this lady with a psycho-social disability. Or, that other lady with an intellectual disability. Just hold on.

Article 12. (3) of the CRPD says, “States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity”. If a person is unable to communicate their choices, will or preference, then the support they require to do so should be provided. The support may be in form of another person who has had a long relationship with the person with a psycho-social or intellectual disability, and there must be proven trust. This person who gives the support should be able to interpret the choices, will and preference of the person with a disability. But, it is this support which is not there. It is up to the States to begin thinking about this. The civil society should also start pushing for this.

If nothing is done, the sterilization of girls and women with psycho-social and intellectual disabilities will continue. The CRPD continues to state that “States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that: …persons with disabilities, including children, retain their fertility on an equal basis with others”. So, the lady in Malawi has got the right to maintain her fertility. Am I correct?

The same CRPD (Article 25) further says that, “States parties shall: provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes”. If the government and many other NGO provide reproductive and sexual health education to others, why not provide to girls and women with psycho-social and intellectual disabilities? Discrimination!

It is sad that the governments, through their institution, is the first to perpetuate this inhuman and degrading treatment on girls and women with psycho-social and intellectual disabilities. The hospitals are the ones who conduct the operations. I think gynecologists have got international standards on sterilization? Is forced sterilization aloud? We shall remain up to speed to protect the rights of these distinguished girls and women. They need the protection of the law. Infact, the CRPD (Article 5) states that, “States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law”.

So, the lady in Malawi needs support to make a choice on the type of contraception she needs. Not forced sterilisation. Some one can obviously communicate with her. Some one should be able to interpret her choices, will and preference. Maybe the same mother? Or the psychiatry nurse close to her?

Wamundila Waliuya.