Litigating Against the Forced Sterilization of HIV-Positive Women: Recent Developments in Chile and Namibia

This article examines the implications of forced sterilization for HIV-positive women. The author begins by discussing the physical, psychological and social harm that sterilization has on women and goes on to identify international human rights violations that occur with forced sterilization. The second part of the article focuses on the possibility of using litigation to remedy the related rights abuses. The author discusses two cases, the first is pending before the Inter-American Court of Human Rights regarding the use of forced sterilization of an HIV-positive woman in Chile, and the second is before the Namibian High Court regarding the use of forced sterilization in Namibia. The article then discusses how litigation can offer redress for victims of forced sterilization, may prompt policy shifts in governments, and promote respect for reproductive rights.

Pooja Nair, Litigating Against the Forced Sterilization of HIV-Positive Women: Recent Developments in Chile and Namibia (2010) 23 Harv Hum Rts J 223.