User:Marinati55/Compulsory sterilization/Bibliography

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Latin-American and Asia context
"INFORMED CHOICE AND FEMALE STERILIZATION IN SOUTH ASIA AND LATIN AMERICA"

Globally, female sterilization is one of the most popular contraceptive methods despite concerns about quality of care for women who report being sterilized. In this study, informed choice among sterilized women was quantified using Demographic and Health Survey (DHS) data from 2000 to 2012 for countries in South Asia and Latin America. Three responses measured informed choice and knowledge about whether women were informed by a health worker or provider: that sterilization is permanent, the potential side-effects of sterilization and other methods of contraception. An ascending composite Method Information Index with scores ranging from 0 (women received no information) to 3 (women received information across all three indicators) was used. Using ordinal logistic regression analysis, the results indicated that women younger than 25 and older than 35 at the time of sterilization, and those at high parities, had lower odds of a high score on the index, while the opposite was true for women sterilized in the private sector in Latin America. Educated women in India had higher odds of a high score on the index, while the same was true for educated and wealthy women in Colombia. These findings indicate that not enough health care providers spend time informing women in South Asia and Latin America about different aspects of sterilization, and that there are specific groups of women that are more affected. There is an urgent need to improve quality of care within health systems providing sterilization for this very important and effective type of contraception.

About Chile
"This research explores the views of Chilean activists, professionals, and researchers on the factors that favor the continuation of this practice in the country. Twenty-one informants were interviewed using a qualitative approach based on constructivist grounded theory. The main factors that lead to this type of sterilization were the acceptance of sexual violence and the non-recognition of the violence perpetrated, the absence of a protective state, and the dynamics of abuse of power over women and girls with disabilities. It is concluded that forced sterilization is part of a vast repertoire of violence against women and girls with disabilities, which deepens and perpetuates dynamics of oppression, injustice, and social inequality".

About Bolivia
"A Sacrificial Llama? The Expulsion of the Peace Corps from Bolivia in 1971"

"Re-visiting Histories of Modernization, Progress, and (Unequal) Citizenship Rights: Coerced Sterilization in Peru and in the United States"

From Latin American perspectives, the global negotiations over reproductive control and reproductive rights had a wide range of implications.33 They inspired initiatives ranging from rejections of modern birth control technology as what one Colombian academic called ‘a weapon of imperialism’, to neo-Malthusian initiatives that promoted population control for the sake of economic development, to feminist mobilization in defense of women’s rights and bodily integrity.34 A 1969 Bolivian movie well represents the political tensions and diverse interpretations surrounding the regulation of reproduction. Titled ‘Yawar Mallku’, Blood of the Condor, the film links fertility regulation and ‘race suicide’ and dramatizes an incident that involved public denunciation of the United States Peace Corps, accused of sterilizing indigenous Quechua women without their consent. The widespread outrage over the alleged campaigns promptly forced the Peace Corps to leave Bolivia and demonstrates that even abstract fears had real consequences.

Japan
Update status on the legalization of sterilization of transgender people:

In October 2023, Japan’s Supreme Court ruled that requiring transgender people to undergo sterilization in order to legally change their gender identity is unconstitutional, a step forward for L.G.B.T.Q. rights in a nation that has been slow to recognize them. In the unanimous decision, the court said that a legal clause forcing the plaintiff, a transgender woman, to be sterilized before changing her gender on the all-important Japanese family registry certificate “restricted her freedom not to harm herself against her will.” Still, the court did not rule on a separate requirement that transgender people must undergo transition surgery in order to legally register as the gender with which they identify. In practice, that means many transgender people will still be unable to make the legal change.

Peace Corp and Forced Sterilizations
Speaking of Sterilization: Rumors, the Urban Poor, and the Public Sphere in Greater Mexico City

Leftist rhetoric also inflected comparable rumors elsewhere in the Americas, including Peru and Chile. The most notorious episode occurred in Bolivia, after the 1969 film Yawar mallku (Blood of the condor) depicted Peace Corps volunteers secretly sterilizing natives. Though fictional, the film sparked outrage among indigenous, student, and leftist organizations, who urged the president to defend Bolivia's national sovereignty. Protests reached such a pitch that the government finally decided to expel the Peace Corps in 1971.51 While Bolivian protesters accused foreign aid workers of arming eugenic campaigns, Mexican leftist groups identified federal and state agencies as the perpetrators of class-based sterilizations. This was perhaps because the Mexican government promoted family planning, while other Latin American leaders had retreated from such policies.52 Speakers at the meeting also clearly responded to their sense of political embattlement with local and state authorities.

Effects on Disabled People expanded beyond U.S. Borders
EUROPE: Going beyond the United States, sterilization practices and the legislature surrounding its legalization have had a profound impact on disabled people within Europe. Although many European governments have banned compulsory sterilization procedures, disabled women in Europe are still being sterilized due to divisive circumstances deemed exceptional to these laws by doctors and parents. “So many times, you hear it’s in the best interest of the woman,” said Catalina Devandas Aguilar, a former United Nations special rapporteur for disability rights. “But often, it’s because it’s more convenient for the family or the institution that takes care of them.” Many countries such as Iceland, France, and Belgium have made exceptions to these laws in order to sterilize intellectually disabled women, deeming it medically necessary to make them "feel better."

INDIA: In India, the Right to Persons with Disabilities Act (RPWD), 2016 was introduced to legally address the problems faced by the disabled community and ensure equitable access to justice for all members of society. While the RPWD Act took a step towards recognizing the issue of forced abortions under Section 92(f)[1] which states that any medical procedure performed on a disabled woman without her express consent that leads to the termination of pregnancy is punishable with an imprisonment term, there is still no specific mention of forced sterilization as a problem. Another contentious factor is the need for “express consent”. While consent forms a crucial factor in developing reproductive autonomy there is no mention regarding the procedure to take this consent free from any undue influence from the disabled woman. "'In the case of Suchita v Chandigarh (2009) where a mentally ill orphaned woman expressed clear consent to have a child but was opposed by the guardian welfare institution where she was admitted. In this case, the Supreme Court emphasized that the requirement for consent cannot be diluted solely by what society deems to be in the woman’s best interests. The case further argued for a limited guardianship approach, whereby the state could not extend its power to the point of breaching a woman’s reproductive autonomy. While this principle of limited guardianship is present even in the Rights to Persons with Disabilities Act under Section 14,  the law on paper and the law practiced shows a stark difference. In 2012, when almost 53 women from the state of Bihar were forced to undergo sterilization in a state-run camp inside school premises in unsanitary conditions, the case of Devika Biswas v Union of India was moved to the Supreme Court of the country. The apex court emphasized the need for informed consent in the case of sterilization, it also considered that such informal incentive schemes of fixing “sterilization targets” by the state impacts the socially and economically vulnerable the most. While these judgments have tried to take a progressive stance, access to justice remains a struggle for many.'"

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