CNECV participates in parliamentary hearing on forced sterilisation
The National Council of Ethics for the Life Sciences (CNECV) argued in Parliament that forced sterilisation of persons with disabilities constitutes a serious violation of human rights, while stressing that the legislative response should not be limited to absolute criminalisation. The Council admits “very restrictive” exceptions, duly justified and legally framed, in specific clinical contexts where informed consent is impossible to obtain and the intervention becomes necessary and irreplaceable to ensure the health and well-being of the person concerned.
This position was presented on 17 April, during a joint hearing at the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees, requested by the Socialist Party (PS) and the Left Bloc (BE), regarding Bills no. 313/XVII/1 (PS), 327/XVII/1 (PAN) and 329/XVII/1 (BE), on the criminalisation of forced sterilisation of persons with disabilities, currently under detailed parliamentary consideration.
The President of the CNECV, Maria do Céu Patrão Neves, began by thanking the invitation and framed her analysis within the ethical reflection the Council has been developing on this matter, referring to its previous Position Statement on Bill no. 402/XVI/1, which proposes the criminalisation of sterilisation of minors and women lacking decision-making capacity. From an ethical perspective, the CNECV reaffirmed that forced sterilisation constitutes a form of serious violence and a violation of human rights, while also drawing attention to the complexity of situations involving persons unable to consent due to cognitive impairment or mental disorder. Although rare, there may be circumstances in which sterilisation is considered in the best interest of the individual, provided it is properly justified and subject to judicial oversight.
The Council also highlighted that the national legal framework already prohibits forced sterilisation, both through applicable legislation and under the Criminal Code, which has not been sufficient to prevent it. Therefore, legislative intervention alone is not enough. As a multidimensional problem, it must be addressed in all its complexity in order to effectively change reality.
In this context, the importance of an integrated approach was emphasised, encompassing clinical, social and economic dimensions, ensuring effective protection of vulnerable individuals, support for victims of abuse, and assistance to caregivers of dependent persons, while avoiding overly simplistic, purely normative responses that do not translate into concrete improvements.
During the hearing, the Vice-President of the 1ª Committee, André Rijo, welcomed the willingness of the CNECV to contribute to the ongoing analysis, namely through the preparation of an opinion on the matter.
Various civil society organisations also took part in the hearing, including the National Monitoring Mechanism for the Implementation of the Convention on the Rights of Persons with Disabilities (MeCDPD), the National Federation of Cooperatives for the Education and Rehabilitation of Maladjusted Children (FENACERCI), the Portuguese Federation for Autism, Humanitas – Portuguese Federation for Intellectual Disability, the Independent Living Centre, the Portuguese Association “Voice of the Autistic Person”, and the Federation of Portuguese Cerebral Palsy Associations.
Images: @CNECV / Ana Sofia Calaça
