ODDH position on legislative proposals regarding the criminalisation of forced sterilisation

24/03/2026
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At the request of the PS, the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees asked the ODDH for an expert opinion on three legislative proposals:

Draft Law No. 327/XVII/1st (PAN) – Criminalises the sterilisation of persons with disabilities and/or those lacking capacity and regulates the conditions for the practice of irreversible sterilisation methods, amending Law No. 3/84 of 24 March, the Penal Code, and the Civil Code;
Draft Law No. 329/XVII/1st (BE) – Criminalises the forced sterilisation of persons with disabilities and/or those lacking legal capacity and guarantees the protection of their sexual and reproductive rights;
Draft Law No. 313/XVII/1st (PS) – Clarifies the criminalisation of forced sterilisation, particularly of persons with disabilities, and implements measures to guarantee the reproductive rights of persons with disabilities or reduced capacity, establishing the National Family Planning Scheme for Persons with Disabilities or in Situations of Incapacity and the Mechanism for Monitoring Sterilisation Procedures.

The ODDH has drawn up a position statement that has been signed by some members of the Consultative Council. This statement is available to view below.