Abolition of forced sterilization and the right to motherhood/fatherhood with support

Eradication of the eugenic paradigm and reproductive coercion

For decades, the institutional management of functional diversity was steeped in a eugenic and paternalistic approach.

This paradigm justified direct intervention in the reproductive capacity of people with disabilities, particularly women with intellectual or mental disabilities.

Under the pretext of preventing alleged social burdens or protecting the women themselves, society normalized the practice of forced sterilization and imposed contraception without genuine informed consent.

The legislative eradication of these coercive practices marks a fundamental milestone in the consolidation of universal human rights.

This legislative advance recognizes the inalienable bodily autonomy of every individual, categorically prohibiting any unwanted surgical mutilation or medical procedure that seeks to irreversibly or involuntarily restrict fertility.

In this way, absolute respect for the physical integrity and self-determination of every human being at every stage of life is guaranteed.

Full Recognition of Reproductive and Parental Rights

The dismantling of eugenic measures paves the way for the full recognition of the right to start a family, to freely decide on one’s offspring, and to fully enjoy reproductive health.

People with disabilities have the legal and ethical right to make informed decisions regarding the number and spacing of their children.

Historically, when this population expressed a desire to conceive, it triggered a punitive response or the systematic removal of custody based on unfounded assumptions of an inability to parent.

Guaranteeing this right involves transforming ableist prejudices that infantilize adults with disabilities, affirming that the desire to love, care for, and raise children is a legitimate aspect of a mature life plan.

Motherhood and fatherhood among people with disabilities must be respected as valuable expressions of the human condition, free from any socially unjustified moral or institutional judgment or paternalism.

Institutional Support and Provision of Parental Assistance

To ensure that parenthood is viable and equitable, the government and social institutions must establish support systems tailored to each individual’s needs.

The principle of family protection should not result in the automatic removal of parental rights, but rather in the active provision of adapted parenting supports.

These resources include specialized family mediation, in-home personal assistance, parenting skills education through accessible formats, and inclusion in community networks.

Professional intervention must focus on strengthening parents’ competencies, ensuring that they exercise their responsibilities while respecting their personal autonomy.

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