Coercing to sterilization: classification of species
Herald of the Association of Criminal Law of Ukraine
The article provides a concept of coerced sterilization and structuring of its varieties. The problems and the status of protecting the realization of reproductive rights both at national and international levels have been studied. This research is based on the analysis of the experience and legislation of such countries as Ukraine, Central America and Africa countries, USA, Germany, China, Uzbekistan, Tunisia, Singapore, India, Czech Republic, Japan, Armenia, Azerbaijan, Kyrgyzstan,
... Moldova and others, illustrating the coercion of persons to surgical sterilization. The UN, WHO and other international and governmental organizations' international legal acts, laws, decisions of the European Court of Human Rights (ECHR) have been studied. The authors have used statistics from international organizations, expert opinions, doctrinal ideas and views on this issue. First, it is proved that this type of sterilization occurs under the pressure of psychological, political, material circumstances. Many states either contribute financially to this phenomenon or establish discriminatory rules against those who do not wish to undergo this medical procedure. Then the classification of this type of sterilization is given: convicted persons, transgender people, HIV-infected persons and representatives of the poorest layers of the population in overpopulated regions are subject to coerced sterilization. The existence of this problem is also due to insufficient legal regulation, gaps in solving the problem of the responsibility for bribery or mental coercion to sterilization, which leads to profanity, so we can overcome obstacles to human reproductive rights only by eliminating or reducing the negative impact of these factors. On the basis of the conducted research it is offered the ways on improving the prevention and punishment of cases of forcing individuals to renounce the right to reproduce one's kind.