Legislation about (forced) sterilisation

In Slovenia, the Mental Health Act, governing the rights of persons with mental health problems, includes provisions on sterilisation.

In article 10, the act explicitly prohibits the sterilisation or involuntary termination of pregnancy based on the mental disability of a person.

In the Slovenian Criminal Code, article 123, while not defined by the Law, forced sterilisation is considered a criminal act of infliction of especially grievous bodily harm, punishable with one to ten years of prison. However, forced abortion is specifically criminalised in article 121 of the Criminal Code.

Sterilisation is regulated by the Health Measures in Exercising Freedom of Choice in Childbearing Act (ZZUUP). To-be-performed sterilisation requires the consent of the person concerned or “in special cases, a decision of an expert medical commission”.

Legal cases on the forced sterilisation of people with disabilities

According to the information received by GREVIO, to date, there has not been any criminal conviction related to forced abortion or forced sterilisation in Slovenia.