The REPRODUCTIVE RIGHTS OF PEOPLE WITH DISABILITIES AND BILL Nº 5679/23

PROTECTION OR VIOLATION OF HUMAN RIGHTS?

Abstract

Bill No. 5679/23 requires judicial authorization and mandatory hearing by the Public Prosecutor's Office for the compulsory sterilization of absolutely incapacitated individuals or individuals with mental or intellectual disabilities who cannot express their wishes, in addition to proposing that these individuals have priority in undergoing elective surgical sterilization procedures. Knowing that such practice contravenes national and international rules on the protection of the rights of individuals with disabilities, the following question arises: Does Bill No. 5679/23 seek to promote the protection or violation of the reproductive rights of individuals with disabilities? The research is justified by the need to critically analyze how legislative proposals can, under the justification of protection, result in the restriction of fundamental human rights. The general objective of the research is, therefore, to analyze the impacts of Bill No. 5679/23 on the protection of the rights of individuals with disabilities, based on the contradictions present in the proposed amendment to the Family Planning Law. In order to achieve this, the research was conducted using a qualitative and analytical methodology, with a bibliographic and documentary review, focusing on the analysis of the text of Bill No. 5679/23, the Civil Code of 2002, the Statute of Persons with Disabilities and international human rights treaties. It is concluded that the true objective of Bill No. 5679/23 is not to protect the reproductive rights of persons with disabilities, but rather to facilitate a process of compulsory sterilization, mainly of female persons, without taking into account their rights to self-determination and informed consent.