English

Contraceptive procedures can not be performed on people with disabilities without their consent

The Constitutional Court reviewed a tutela  related to a girl  with Down syndrome who underwent contraceptive surgery without being given the necessary support to make an informed decision. The Court indicated that it is presumed that all persons with disabilities have the legal capacity to make decisions freely and autonomously; In addition, the State must ensure that they are always provided with the necessary support to express their will and preferences. The Constitutional Court took into account the Convention on the Rights of Persons with Disabilities (CDPCD), which privileges the individual autonomy and independence of persons with disabilities, the freedom to make their own decisions and the obligation of the State to recognize their capacity legal.
The Court concluded that in the events in which the person with disabilities can not express their will about the possibility of having a contraceptive procedure, despite having been given all the necessary help, the procedure should not be practiced.