Sterilisation of People with Learning Disabilities: A Comparative Study of the UK and the US on the "Best Interests Test"

The sterilisation of people with learning disabilities is a subject of great importance as it is surrounded by ethical concerns. Ethical problems arise when viewing sterilisation of people with learning disabilities, regarding the violation of the basic human right to procreate along with the capacity to consent. Therefore, it is vital to implement certain safeguards to protect people with learning disabilities from falling victim to improper decision-making for their treatment. This paper comparatively analyses the ethical concept of the "best interests" of the patient in the jurisdictions of the UK and the US. The evolution of the decision-making process for sterilisation within these two countries is considered throughout its progression from a eugenics-based to a more ethics-based approach. Analysis of today’s perception on this topic is presented in the paper, as the idea of determining whether or not sterilisation is in an individual’s best interests can include paternalistic elements. This is a significant issue to examine because of the invasiveness of the procedure, the ethical concerns surrounding the topic as well as the essential removal of the human right to procreate. However, it is important to bear in mind the constant need to consider the best interests of the patient.

Abstract licence: CC BY-NC

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