In a news conference, the Minister for Inclusion, Volunteering and Consumer Rights Julia Farrugia Portelli announced that the Cabinet of Ministers approved the submission of a Bill that aims to amend the -Criminal Code of Malta, to comprehensively prohibit forced sterilization.
This will mean that after the adoption of these amendments by Parliament, sterilization will only be possible with the free and informed consent of the person who will undergo the procedure. Consent must be given without fear or threats, can be withdrawn at any point, and must be based on an informed decision.
Minister Farrugia Portelli explained how the person must not only be given all the necessary information about the procedure, its consequences and the alternatives to it, but also in a way that the patient can understand. In addition, there is included the right for persons to be supported by individuals they trust, such as personal assistants.
The bill also provides for situations where obtaining free and informed consent as established therein may be impossible or impractical including in procedures that may be medically necessary.
Minister Farrugia Portelli stressed that otherwise, any person who performs forced sterilization, or who assists or requests such a procedure, will be liable to a prison sentence of between five and nine years, and additionally may be fined between €8,000 and €20,000. Imprisonment sentences are increased by a degree, if this crime is aggravated through the use of force, deception, fraud, bribery, deceit, coercion or threats.
Minister Farrugia Portelli said that through the adoption of this legislation, Malta is expected to be the 11th country in the European Union to fully prohibit forced sterilization.
It was pointed out how this practice goes against Malta’s obligations in terms of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), and the Council of Europe Convention on the fight against Gender-Based Violence and Domestic Violence (the Istanbul Convention). The practice has also been condemned by the United Nations Committee on the Elimination of Discrimination against Women.
The Minister explained how it is of great significance that this Bill is being presented during the 16th International Day of Activism against Gender-Based Violence as well as during the week dedicated to disability. . This is because although anyone can be a victim, this crime has historically been shown to disproportionately affect women and in particular, women with disabilities, mainly women with intellectual disabilities.
Pirkko Mahlamaki, Member of the Executive Board of the European Disability Forum (EDF), and President of their Women’s Committee, congratulated Malta for what will be a historic decision, and said that she would like to see Malta be on at the forefront of the fight to ban forced sterilization at EU level. Similar sentiments were echoed by Ana Pelaez, President of the United Nations Committee on the Elimination of Discrimination against Women.
Sara Rocha, Vice President of the EDF Women’s Committee, and of the European Council of Autistic Persons (EUCAP), and a leading activist against forced sterilization, recognized the Maltese effort so that the country is on the right side of history by criminalizing forced sterilization.
The news conference was also addressed by Dr. Alistair de Gaetano, consultant to the Ministry on Disability and who worked directly on the amendments that are being proposed.
