A modification of substantial importance is proposed in Law 26,130, which establishes the Regime for Surgical Contraception Interventions, by guaranteeing to every person of legal age (over 18 years of age) the right to access the performance of the practices called “ligation fallopian tubes” and “vas deferens ligation or vasectomy” in the health system services.
In other words, it consists of putting the law in accordance with the provisions on the capacity of people, in the current Civil and Commercial Code and in the Convention on the Rights of People with Disabilities (with constitutional rank).
The second norm that is proposed to be adapted is 17.132 of the Legal Regime of the Practice of Medicine, Dentistry and Auxiliary Activities. In one aspect of article 20, the value of the person’s informed consent is highlighted in the face of the practice of an intervention that causes the impossibility of engendering or conceiving.
This proposal is based on the premise that total or partial restrictions on the exercise of their legal capacity by a person with a disability are not used as a basis to legitimize the violation of their right to provide informed consent when faced with a practice of surgical contraception. On equal terms with other people, the aim is to guarantee their human right to decide on their sexual and reproductive rights.
If necessary, the reform provides for the mechanisms provided in the support system of article 32 of the Civil and Commercial Code, to guarantee the autonomy of people with disabilities when making decisions and in many cases end the practice of forced sterilizations, which harm their right to health, equality and non-discrimination, maintaining their fertility and the right to form a family, on equal terms with other people.
