Article 17 Protecting the Integrity of the Person
People with disabilities are more likely to be pressured into accepting abortion and sterilization procedures
In response to Paragraph 124 of the State Report, the Government should strengthen the protection of the integrity of persons with disabilities. They should not be pressured into voluntary abortion or sterilization.
Under the Genetic Health Act, when a person or his or her spouse suffers from hereditary, infectious or psychiatric disorders, he/she may voluntarily undergo abortion (article 9) and sterilization (article 10) and physicians are obliged to “recommend” treatment for the patient. In the event where the disease is not curable, and it is deemed necessary, the physician “must” recommend abortion and/or sterilization procedures (article 11).
Among the different types of disabilities, persons with mental disorders are particularly discriminated against. The scope of the "hereditary, infectious or psychiatric disorders" in the Genetic Health Act is set by the competent central authority, namely the Ministry of Health and Welfare. This implies that people with mental illnesses are automatically deemed to be unsuitable candidates for reproduction, regardless of whether the condition has been medically proven to be hereditary or infectious. With regard to people under assistance and guardianship, the family’s legal guardian, auxiliary persons, and spouse can forcibly "persuade" them to undergo sterilization and abortion, which grossly violates the autonomy of Persons with disabilities. For more information on the shortfalls of the guardianship scheme, refer to Article 12, Paragraph 99 of this Report.
Forced abortion and sterilization greatly impacts the physical and mental health of individuals, and also violates the right to life of fetus(es) of persons with disabilities (refer to Article 10, Paragraph 93-94). Reproductive autonomy is closely related to the Right to Family Life (refer to Article 23, Paragraph 164).