The Executive Director of the Committee of Representatives of Persons with Disabilities (Cermi) and Secretary of the Board of Trustees of the Cermi Mujeres Foundation, Pilar Villarino, presented this Thursday in the Senate a document containing a legislative proposal for the urgent approval of the law “Identifying, correcting and compensating women with disabilities Those who were sterilized without their consent during the more than thirty years that the practice was permitted in Spain.
The legislative proposal, promoted by the Serme Mujeres Foundation and generally supported by the Social Movement of Persons with Disabilities, proposes “a comprehensive system of compensation based on international human rights standards.” Pilar Villarino noted before this hearing of the Senate Comprehensive Disability Policy Committee that As of December 2020, the Penal Code allowed “a judge to authorize the sterilization of women with disabilities.” Judicially powerless, they substitute their will under the pretext of a supposed higher interest.
According to fragmentary data from the General Council of the Judiciary cited by Villarino, “More than a thousand women and girls with disabilities were sterilized By judicial decision between 2005 and 2016,” although the real number may be higher due to the lack of complete records. He added that “this practice was justified for medical reasons, under the idea of protecting them from sexual assault or, directly, under the social belief that they should not have children.”
Villarino explained to representatives of the various parliamentary blocs that the state protects these people “An outstanding debt that can no longer be deferred.” Refund and repair the damage caused, to the greatest extent possible.
We want the state to acknowledge that this was a human rights violation and that it should never have happened.
This proposal for a “Law on Recognition of Sterilization Victims” establishes five pillars: “recognition, compensation, rehabilitation, satisfaction and guarantees of non-repetition.” Regarding recognition, it is proposed to declare “the judicial procedures that authorized these sterilizations to be invalid.” “We want the country to realize that this was a human rights violation and that it should never have happened,” the executive said.
The second pillar is Compensation of 30 thousand euros For each victim, it is tax-deductible and purely personal. He stressed that “this money should belong to the affected woman only, and not to third parties who can sometimes influence the decision.” He added that “the amount is not intended to compensate for irreparable damage,” but rather to adhere to an international standard for economic compensation.
It also includes text Rehabilitation measuresSuch as medical, psychological, legal and social care; and reconstructive surgery when possible. “If a physical response is not viable, we must ensure alternatives for support and accompaniment. We cannot allow them to be left alone again,” Villarino said.
He also insisted that Access to health services The case remains pending. He said: “We still find centers where a woman who uses a wheelchair cannot access basic obstetric service. Access is the first step until the rest of the rights are fulfilled.”
Villarino also reminded senators of this Some sterilization operations were performed without consent, benefiting from medical interventions. He denounced, saying, “We know about tubal ligation operations that are performed during caesarean sections, without consent. This happens when the will of a disabled woman is not recognized.”
The text suggests that future law He considers celebrating “a solemn act of public forgiveness and the erection of a memorial.” “We need the state to look these women in the eye and say to them: We failed, we did not protect you.” She added that this compensation is symbolic but necessary.
Villarino stressed that the law will have an “educational and deterrent effect,” reinforcing the paradigm shift necessitated by amending Article 49 of the Constitution. He said: “Forced sterilization is a practice that will not be tolerated again in a country that takes human rights seriously.”
He also informed the Senate about this The Ministries of Equality, Justice and Social Rights have already shown their welcome To the proposal. “Disability has broad consensus; this is a real opportunity to move forward,” Villarino concluded.
All parliamentary blocs present in the committee They showed their support for the initiative of the Sermi movement. The Galician National Bloc (BNG) stressed that “many sterilizations took place in the family environment, which facilitated cases of ill-treatment.” Esquerra Republica de Catalunya (ERC) and Bildu described the proposal as “coherent and necessary.” The socialist group reiterated its support and insisted that reparations must be accompanied by measures that help “make the suffering of the victims more bearable.”
For her part, The grassroots group requested more precise data on the total number of women affected And guarantees to prevent the recurrence of this practice. Villarino responded that the Serme Mujeres Foundation continues to analyze available judicial notices, although he admitted that there are “large statistical gaps” and that this law is a first step to raise awareness in society and prevent the continued occurrence of sterilizations, in any region.
Villarino concluded his speech with a direct message to the senators: “This proposal is not just a legal text, but rather a cry for dignity.”. He pointed out that many of the affected women are now over 50 years old and that some of them died without receiving any type of compensation. He concluded by saying: “The state has debts, and this law is the tool for repaying them.”