Gender in Law

In: Social Issues

Submitted By cassano
Words 1465
Pages 6
Sterilization of pregnant HIV women in Orosia

This is a case of forced sterilization that takes place in the fictional state of Orosia, and the victim is the women called A.A.
Forced sterilization can be defined as government policies which attempt to force people to undergo surgical sterilization, usually as part of eugenics programs intended to prevent the reproduction and multiplication of members of the population.
It was recognized as a war crime at Nuremberg Process, developed between 1945 and 1946 on the initiative of the victorious Allied Nations at the end of World War II, in which were determined and sanctioned the responsibilities of directors, officers and employees of Adolf Hitler. It has been also recognized as a crime against humanity by the Rome Statute in the Explanatory Memorandum.
This practice, also known as compulsory sterilization, has been usual during 20th century in several countries like Germany, USA, Japan, Russia, China, South Africa, India… But it is also happening in the 21th century, specifically in Uzbekistan.

The Republic of Orosia became a member of the Council of Europe and ratified the European Convention on Human Rights in 1995. To be a valid procedure, it had to be carried out according to art.59 of ECHR.
Firstly we have to notice that in this case there is a complaint from an individual against a state. This is possible because it is referred to in art.34 ECHR: “The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto.”
However, it is also necessary to look at art.35, because it contains some prohibitions for cases content in mentioned art.34: “The Court shall not deal with any application submitted under Article 34 that…...

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