Across the world, most people identified with disabilities have been overlooked, hidden and ridiculed in the community (AHRC, 2013). Australian history shows that to 'address' this problem many people with disabilities have been placed in institutions and/or prisons and many girls have been sterilized (AHRC, 2013). The recent concern expressed by Federal Disability Commissioner Graeme Inns, regarding the increase in sterilization among girls with disabilities, raises the question of whether these girls' rights are being respected (ABC, 2012). This case study will examine the legal and ethical issues while also discussing the rights of an individual with a disability. Analyzing Australian common and family law, this case study will establish how the Australian Government defines the rights of people with disabilities and how this is put into practice. The ethical issues that emerge from this scenario will also be explored through appropriate literature in order to understand the implications of sterilizing young people with disabilities. Family law conflicts are rarely resolved by the most senior court in Australia, and if they reach that level of judicial consideration, they will most likely involve difficult and complex constitutional issues (Forrester & Griffiths, 2009). Similar to the scenario, Marion's case came before the Full Court of the Australian Family Court in June 1990, raising the difficult questions surrounding the confusing area between the rights of parents and their children (Harrison, 2009). The case brought to light the difficult question of who can legally allow the sterilization of a teenager with an intellectual disability, and thus started a serious debate about family car... middle of paper... and treatment. These legislative and state measures ensure that to undergo sterilization of a minor girl with a disability the appeal must first be heard by the Family Court and then requires the court's authorization to proceed. This protective measure ensures that all ethical issues that may arise such as the ability to give consent, the rights of the person, what is in their best interests and that all other temporary and reversible methods such as oral contraceptives are taken into consideration first that sterilization is recognised. However, as the scenario suggests, Federal Disability Commissioner Graeme Inns stresses that more still needs to be done by the Government to ensure the rights of disabled people are respected. This included changes to the law to ensure sterilization is only carried out in medical emergencies.
tags