UNAIDS: Chile finally declares the forced sterilisation of women with HIV illegal

According to information published on the UNAIDS website, the Republic of Chile, after many years of debate and court proceedings, has that it was illegal to forcibly sterilise a woman who was living with HIV almost 20 years ago. The government has agreed to a settlement with the woman, Francisca, that includes the payment of reparations for the violation of her human rights. It has also committed to ending forced sterilisation and to guaranteeing reproductive rights as human rights without discrimination.

Francisca delivered a healthy baby boy in 2002 and was then sterilised without her consent by the doctor who carried out her Caesarean section, making the decision that a woman living with HIV should not be able to have children. The agreement announced this week comes after more than a decade’s litigation by the woman and her legal teams.

“This settlement is a significant moment for women around the world who have been fighting for reproductive justice for decades. Coercive sterilization of women living with HIV is a violation of women’s most fundamental human rights,” said UNAIDS Executive Director, Winnie Byanyima. “Unfortunately, this practice is still happening in many countries and efforts to stop it and bring justice to more women must be stepped up.”

During the trial, UNAIDS submitted documents to remind the everyone of the standards that governments must uphold to address the HIV stigma and discrimination that impact women living with HIV. These include the obligation to respect, protect and fulfil women’s autonomy in decision making on matters related to their sexual and reproductive lives, their right to physical integrity and their right to be free from violence, including from violence by health personnel.