Forced sterilization: the legal and historical aspects

Aim: To analyze and summarize the legal, historical aspects of forced sterilization, to outline, systematize the issues related to violations, restrictions on the realization of the right to reproduction, assess their impact on human rights in modern conditions.

Materials and Methods: Theoretical basis for studying issue includes scientific publications and assessments by leading experts in the field, the conclusions of international non-governmental organizations. Practical basis for studying issue includes international regulations. The authors of the paper have also taken into account decisions of the European Court of Human Rights and analyzed Ukrainian judicial practice. The methodological basis of scientific research is general scientific, special scientific methods of cognition. Determinants in the study of this problem are the analysis, synthesis, generalization of the experience and legislative base regarding the legal regulation of human reproductive rights.

Conclusions: The prohibition of forced sterilization has come a long way, from a mere recommendation that states take measures to prevent forced sterilization to a legal obligation to criminalize such acts in national legislation. The prohibition of forced sterilization is an effective means of protecting reproductive rights, which are inalienable human rights. That is why for a person to realize his or her reproductive rights, they must be established not only at the international level but also at the level of national legislation.