Women with diminished capacity face risks of forced sterilization under Croatian laws, violating international rights conventions.
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Women whose legal capacity is removed in Croatia are potential collateral victims of political debates surrounding abortion, as current laws allow for forced sterilization of individuals without capacity in certain cases. This outdated practice contradicts the Convention on the Rights of Persons with Disabilities and primarily endangers women. Although forced sterilization sounds archaic, it remains a real threat; the 1979 Yugoslav law first permitted sterilization decisions by guardians for incapacitated persons, a provision retained in current health legislation which is inconsistent with family law. While there are no reported cases of this practice recently according to experts and organizations contacted, the possibility remains. A notable case from 2016 involved a young woman whose sterilization was upheld by the Supreme Court due to medical risks during pregnancy, initiated by her mother as guardian. Legal experts note that while Croatian health law allows guardians to request sterilization for incapacitated persons, family law dictates that courts decide on such matters based on proposals, suggesting a fundamental difference in legal approach. The Constitutional Court of Croatia previously ordered legislative changes to the relevant law, but this has not occurred due to political polarization around abortion. Furthermore, both key laws are deemed inconsistent with the Convention on the Rights of Persons with Disabilities; the Family Law is considered more aligned than the Health Measures Act. Croatia is one of 13 EU countries permitting forced sterilization, contrasting with nations like Malta that have banned it. Internationally, while some practices occur in places like Bulgaria, other countries such as Spain have completely eliminated forced sterilization for people with disabilities. Experts emphasize that forced sterilization is a severe violation with lasting consequences.
