Luxembourg's legislation on forced sterilisation
Legislation about (forced) sterilisation
In Luxembourg, forced sterilisation is criminalised under the Penal Code.
Forced sterilisation is explicitly criminalised as a crime against humanity and war crime when it is committed as part of a widespread or systematic attack, or in the context of an armed conflict.
Otherwise, it falls within the scope of other offences such as assault and battery resulting in “either a disease that appears incurable, or a permanent incapacity for personal work, or the loss of the absolute use of an organ, or a serious mutilation”, in the Article 400 of the Penal Code.
In 2018, the CEDAW Committee expressed concerns about reports of the forced medical treatment, including sterilisation, of women with disabilities, in particular those with intellectual disabilities in State institutions, without their free and informed consent.
The Committee recommended that the State party stops sterilisation, ensures equal access to sexual and reproductive health services, and ensures the enforcement of the Act of 10 December 2009 on respect for the opinion of the patient.
Data related to the matter
The CEDAW Committee recommended that Luxembourg expand the collection of disaggregated data on gender-based violence to cover forced sterilisation, among others.