Legislation about (forced) sterilisation

In Denmark, sterilisation is regulated by the Health Act of the 13^th of July 2010.

Section 109 of the Act provides for the performance of sterilisation at the request and with the consent of the person. If due to a “mental impairment or intellectual disability”, the person concerned is unable to understand the procedure of sterilisation, a special council may permit the sterilisation under certain circumstances at the request of an appointed guardian (section 110).

The Danish system contains elements of support to the persons with disabilities falling under section 110 in forming their own opinion on sterilisation before the decision of the council. The persons in question must be offered consultations with a neutral expert which may focus on forming their own opinion.

The Danish system does not allow the use of coercion to enforce decisions on sterilisation against the expressed will (in word or action) of persons with disabilities.

Moreover, a sterilisation performed without consent amounts to a violation of Section 109 and falls under the provisions of violence and assault under the Criminal Code (section 244, 245, 246).

Data related to the matter

Denmark is part of a group of countries that have previously had active sterilisation programs. 11,000 people were sterilised from 1929 to 1967. 

Data on sterilisation according to section 110 are published in annual reports from the Appeals Board. There are data from the 5 regional councils (“samråd”) (fig. 14, p. 19) and the Appeals Board itself (one case in 2022, described in the text pp. 40-41). Read the 2022 report.