Malta bans forced sterilisation

A proposed ban on forced sterilisation has been enacted into law, according to the inclusion ministry in Malta.

Malta now joins the ranks of ten countries worldwide that have outlawed forced sterilisation.

The law bans forced sterilisation in all situations, but doctors will be allowed to sterilise a patient when their life or health are in serious danger. Adults will also be able to get sterilised if they give free and informed consent.

When debating the bill in Parliament, Inclusion Minister Julia Farrugia Portelli said the authorities are aware of at least one case in 2016 of forced sterilisation. The case involved a woman with a mental disability who underwent a procedure of tubal ligation without her consent.

Announcing the law’s enactment, Farrugia Portelli urged European nations to follow suit in modernising their legal frameworks.

With nearly a quarter of the European female population living with disabilities, Farrugia Portelli stressed the importance of prioritising the rights of these individuals. She commended the dedication of organisations like Aġenzija Sapport, where over 75% of employees are women, who work towards this cause.

"The Government remains steadfast in its commitment to uphold the rights of women in society," Farrugia Portelli said.

The new law provides that whosoever surgically removes or disables a child or an adult's reproductive organs without free and informed consent, leading to sterilisation, shall be liable on conviction to imprisonment for five to nine years, and to a fine of between €8,000 and €20,000. Accomplices, including anyone who assists in the procurement of the procedure, will be liable to the same penalties.

The law will also prevent parents or legal guardians from giving consent for such a procedure on children under the age of 18 except when deemed medically necessary by a doctor. To date, parents and guardians have been able to decide to sterilise people with mental disabilities with no restrictions.

Anyone convicted of carrying out or being an accomplice in the procedure while also resorting to the use of force, deceit, fraud, bribery, false pretences, coercion or threats will be subject to more severe punishment. 

However, the law will allow adults to undergo sterilisation to prevent pregnancies or for health reasons as long as they give informed and free consent.