Sterilization Abuse of Women: The Facts (Excerpt)

Background: In 1974, Latinx women formed The Committee to End Sterilization Abuse (CESA), which fought to end coercive sterilization programs. Its politics reflected members’ involvement with the Puerto Rican Socialist Party and the Young Lords, a Puerto Rican civil rights organization modeled after the Black Panthers. CESA originally focused on stopping sterilization abuse in Puerto Rico and Puerto Rican neighborhoods in the U.S. In time, the group’s membership expanded and its agenda broadened. To end coercive practices that resulted in large numbers of women of color being sterilized, often without their consent, CESA proposed new sterilization guidelines for public hospitals. These guidelines specified that consent could not be given at the time of an abortion or childbirth, that women (rather than doctors or welfare workers) must initiate the request for sterilization, and that women had the right to receive information about the operation in their native language. These guidelines served as a model for revised regulations written by the federal Department of Health, Education, and Welfare, which funded many of the clinics and hospitals that performed sterilizations.

Committee to End Sterilization Abuse, “Sterilization Abuse of Women: the Facts,” Health/PAC Bulletin 62, (January-February, 1975).

Who Funds Sterilization?

The United States Department of Health, Education and Welfare (HEW) supplies most of the funds for sterilization in the U.S. HEW has been funding sterilizations for poor women since 1966.

HEW also funds child care facilities, Head Start, and community health programs. But between 1969-1974 funds for these services were cut while the family planning budget increased from $51 million to over $250 million.

Recently, HEW announced which “family planning services” would qualify for increased federal aid. The decision was that HEW would fund 90 percent of the cost of sterilization for the poor, but would only match state funds for abortion. This gives federal incentive to clinics and hospitals to promote sterilizations - the most irreversible method of birth control and the one most susceptible to abuse.

The Rockefeller and Ford Foundations, among others, have poured millions into private agencies and research organizations in an effort to “curb population growth” around the world.

The Legal Right to Informed Consent

In February of 1974 the Federal Government produced guidelines to be followed by all hospitals and other health care institutions which receive federal funds for sterilization operations. These guidelines require that a woman must give voluntary informed consent to sterilization operations. This requirement provides several patient rights.

The first is the freedom from pressure, coercion or intimidation by doctors or other health workers. There is an absolute and unconditional right to refuse to have the operation. This means that a threat that you may lose or be denied any other social services, housing or health care benefits because of your refusal to have a sterilization operation is illegal.

A second right is the right to change your mind after signing the consent form or to delay the operation for as long as you wish.

As a procedure to protect these rights the federal guidelines require a 3 day waiting period between the giving of informed consent and the actual operation. In addition, sterilization of any woman under 18 is illegal. 
Another important part of informed consent is the right to be fully informed and to know about such things as:

1. The dangers and risks of the operation, which is major surgery, compared to other means of birth control;
2. That the operation is permanent, you can never again become pregnant; and,
3. That alternate means of birth control are available, what they are, and what their dangers and effectiveness are compared to sterilization.

Before signing a consent form, a health worker is required to provide and explain all of this information. It is also very important to take home and read carefully the consent form before signing it. 

If you feel that you have been denied any of these rights, or if you know someone who has, please contact CESA.
 

Source: Committee to End Sterilization Abuse, “Sterilization Abuse of Women: the Facts,” Health/PAC Bulletin 62, (January-February, 1975).