A woman with a learning disability could be forcibly sterilised after she gives birth this week to stop her becoming pregnant again.
The secretive Court of Protection will rule on the woman’s treatment on Tuesday, in a rare open hearing scheduled because of the overwhelming “public interest” in understanding the case.
She is due to give birth by caesarean section the following day and could undergo an operation to sterilise her at the same time if the court agrees.
This is so wrong.
I thought the age of forced sterilization was over.
I'm astonished. I shouldn't be, but I am.
The patient’s NHS trust and council have made an application to the Court of Protection to decide whether she is incapable of making decisions about contraception herself and if so, whether she should be sterilised by means of “tubal ligation”.
So much for women's autonomy.
Under the Mental Capacity Act 2005, the Court has the power to decide on medical treatments for individuals judged by psychiatrists to lack mental capacity.
Cases that come before the court include proposals to withhold or withdraw artificial nutrition and hydration from a person in a permanent vegetative state.
The court can also order “terminations of pregnancy” for women who lack capacity to consent, as well as “experimental or innovative treatment” and medical procedures that require the use of force to restrain the patient.
That is so scary.
Here's what I want to know:
What exactly is the nature of the mother's incapacity?
And how does she feel about being pregnant? Does she understand she's going to give birth?
The secrecy surrounding this case makes you wonder what's going on.
Maybe she's okay with being pregnant. Okay, she may not be able to take care of her children, but perhaps a relative is willing to takeon the task, and there are plenty of couples waiting to adopt.
And here's another thing I want to know: if she lacks the ability to consent to a sterilization, how is it that she has the ability to consent to sex? Who's sleeping with her? Why isn't she sufficiently supervised on this matter?
Hmmmm......So many questions.
H/T: Media dis&dat