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Illinois Legislation Would Prevent Forcible Sterilizations of People With Disabilities

Cara

Last April, a court in Illinois ruled that a certain woman with a mental disability could not be forcibly sterilized at the request of her guardian.  This was excellent news, and a great step forward for the civil rights of people with disabilities, as forcible sterilizations amazingly still happen far too often.

But while the ruling was precedent setting, it was not enough to ensure that the forcible sterilizations of people with disabilities do not happen again in Illinois.  Which is why it’s important that the state is now considering legislation that would put more protections in place.  From FRIDA:

What would you do if you were a person with a disability, and your legal guardian decided to have a doctor operate on you so you couldn’t have babies? What would you do if your guardian didn’t even tell you about this, or tricked you into doing it? This is called involuntary sterilization, and in Illinois it happens more often than you think. Involuntary sterilization is when your guardian and your doctor agree to tie your tubes or do a hysterectomy without your permission or knowledge. We are one of 16 states nationwide with no laws to protect people with disabilities who have guardians from sterilization.

Now we have a chance to change that. Today, there is a bill in the Illinois House of Representatives called H.B. 2290. This bill would update a law called the Probate Act of 1975. H.B. 2290 would add to the Probate Act by saying that a guardian would need to get a court order to have a doctor do a sterilization on a ward with a disability. The exception would be if you might die or be seriously harmed without it. Otherwise, a court would have to say that sterilization is ok, and the court would have to do their best to figure out whether the person with a disability is ok with it or not. Right now, we do not have that kind of protection at all. H.B. 2290 is an important Illinois bill that protects the bodies of people with disabilities who have guardians.

And the right to bodily autonomy is something that everyone deserves.

Here’s how to help:

So what can you do to help? We need this bill to pass the Illinois House of Representatives NOW! If you live in Illinois, contact your state representative and ask them to sponsor H.B. 2290 TODAY! You can find out who your representative is at the Board of Elections webpage. Right now, we especially want to reach representatives who are on the Judiciary;s Civil Law Committee—look them up here. If you are with an organization, have your organization join our list to support H.B. 2290! Let’s make this happen today! Check back at www.ourfrida.org for updates.

Write in now if you live in Illinois, and make sure to sperad the word regardless.  FRIDA also has a petition going. Though the signatures of Illinois constituents are most helpful, I’ve verified that the signature and support of everyone is appreciated.  So sign away!

7 thoughts on Illinois Legislation Would Prevent Forcible Sterilizations of People With Disabilities

  1. i’m disabled, and pregnany will kill me, but i STILL can’t get my tubes tied (because doctors seem to think i will “change my mind” ARGH)

    from what i can tell, this mostly happens to women with mental disabilities.

    but i have to ask, even if it seems bitchy – why do we never hear of disabled MEN being sterilized?

    i’m serious – it takes, two, ya know? and if a disabled woman isn’t capable of raising a child (or is deemed to have “unfit genetics” or whatever), why the hell is it ok for disabled MEN?

    other than that anti-“what about the mens”, i am VERY happy with this news! i have know many mentally disabled women who were REALLY great care givers, and i shudder at the thought of being treated even more explicitly like livestock. the whole concept is beyond insulting. thank you for posting about this proposed legislation, and i’m keeping my fingers crossed!

  2. to clarify, i meant that forced sterilization seems to happen mostly with mentally disabled women. as in, very few women who are physically disabled have been forcable sterilized, as far as i have read. (if someone has better info, i would love to read more about it. “love” in the sense of i could probably write a paper, not that i would enjoy it)

  3. Deaf people are very frequently institutionalized in mental hospitals and also consequently at risk for forcible sterilization, both men and women.

  4. Quick update: I just talked to State Representative Deb Mell, and she is adding her name as a co-sponsor of the bill.

  5. A few years back, a severely mentally and physically disabled girl was not only sterilized, but de-feminized– removing her uterus, tubes, and breast buds, on the grounds that her family would not be able to care for her if she grew any larger. The procedure was found to be illegal, but that was after the fact.

    For some reason, I wonder if these cases are connected…

    article link I dug up:
    http://www.cnn.com/2008/HEALTH/conditions/03/12/pillow.angel/index.html

  7. I’m 20 years old and have been married since I was 16. I also have two children and soon to be my third. I have had much trouble carrying all of my children and had to have c-sections with them. I was supposed to have my tubes tied after this child is born in July but was told that it was an Illinois state law that they couldn’t do the procedure until I was 21. I can’t take the pill because it makes me DEATHLY sick, the depo shots made me gain almost 65 pounds in 4 months, and I was on the patch when I got pregnant with my second son. I couldn’t ever have an IUD put in because I always have abnormal paps. Is there anyway to get around this? I was told if I put my body through another pregnancy that I run a very high risk of dying because of all the complications I have?

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