The European Disability Forum (EDF) strongly advocates for the criminalisation and complete abolition of forced sterilisation of persons with disabilities. Therefore, we are deeply concerned by recent developments in Portugal, where a bill to criminalise forced sterilisation was going to be debated and voted on on 20 March. While the vote is now in doubt due to the vote of no confidence in the government, we believe it’s important to state our position on the initiatives presented.
We support the intention behind the proposed bill, and we urge the Members of the Portuguese Parliament to ensure that any legal reforms fully align with human rights standards, including all the relevant international treaties that Portugal has ratified – Convention on the Rights of Persons with Disabilities (CRPD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Istanbul Convention. The Portuguese monitoring mechanism of the CRPD notified this serious matter to the political groups in the Parliament. It is our wish that these processes resume after the elections, and that new laws to criminalise forced sterilisation are proposed. It is important to note that we advocate for the removal of some proposed amendments in the current proposed laws. Most notably, some amendments suggested that decisions regarding sterilisation could be made by legal guardians rather than the individuals themselves. This proposal risked undermining the principles of autonomy, dignity, and free consent, which are foundational to human rights and are enshrined in the CRPD.
EDF strongly opposes any version of the bill that would shift decision-making power away from persons with disabilities to their legal guardians. This approach could effectively legalise forced sterilisation by simplifying the process, removing essential safeguards, and disregarding the obligation to consult the person affected. This would further undermine the body autonomy and sexual and reproductive rights of women and girls with disabilities.
Portugal is not only in the “hall of shame” of countries that have not banned forced sterilization, it is also one of only 3 countries in the European Union that allow forced sterilisation of minors.
It is imperative that the Portuguese Parliament passes a bill that criminalises forced sterilisation while upholding the rights of persons with disabilities to make decisions about their own bodies. Any legislation must prioritise the person’s free and informed consent, provide adequate safeguards, and be fully in line with international human rights standards.
We call on Members of the Portuguese Parliament to reject any current and future amendments that would allow legal guardians, or anyone except the person concerned, to decide on sterilisation. Instead, ensure that the final law guarantees full respect for the rights of persons with disabilities, particularly women and girls, to live with dignity, autonomy, and equality. It must leave this “hall of shame” and join the list of others who recently passed strong bands forced sterilisation such as Malta and Spain.
Related Information
- Campaign page “End forced sterilisation in the European Union”.
- Recommendation from the monitoring mechanism of the CRPD.
Contacts
Giulia Traversi
Women’s Rights Officer – European Disability Forum
The European Disability Forum is an umbrella organisation of persons with disabilities that defends the interests of 100 million Europeans with disabilities. EDF is a unique platform that brings together representative organisations of persons with disabilities across Europe. It is run by persons with disabilities and their families. EDF is a strong, united voice of persons with disabilities in Europe.