93
evidently involves an obligation to investigate ex officio such conduct.
302. Regarding international practice, the Committee for the Elimination of Discrimination against
Women has ruled on the obligation of States to adopt effective measures to prevent and remedy
non-consensual, involuntary, coerced or forced sterilizations, including establishing appropriate
sanctions and measures of compensation. 378 Thus, in its General Recommendation No. 24 of 1999,
it indicated that “States parties should not permit forms of coercion, such as non-consensual
sterilization, […] that violate women’s rights to informed consent and dignity.”379
303. Meanwhile, the Human Rights Committee has recognized the importance of establishing in
domestic law a right to compensation of people subjected to forced sterilization, 380 as well as
mechanisms to ensure that all procedures are following in obtaining the full and informed consent of
women and, to investigate what happened if this has not been obtained.381
304. Furthermore, the Committee against Torture has accorded particular importance to rapid,
impartial, exhaustive and effective investigation in cases in which persistent reports of involuntary,
forced or coerced sterilizations are verified in order to identify and punish those involved in such
practices, and provide the victims with fair and adequate compensation.382
305. In its General Comment No. 22 of 2016 on the right to sexual and reproductive health, the
Committee on Economic, Social and Cultural Rights indicated that States Parties “must put in place
laws, policies and programmes to prevent, address and remediate violations of the right of all
individuals to autonomous decision-making on matters regarding their sexual and reproductive
health, free from violence, coercion and discrimination.”383
306. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment has also called upon States to adopt measures with regard to abuses in health care
settings and, in particular, to:
72. […] (e) Outlaw forced or coerced sterilization in all circumstances and provide special protection to
individuals belonging to marginalized groups; and ensure that health-care providers obtain free, full and
group, in whole or in part.
In a case of non-consensual sterilization, the Committee for the Elimination of Discrimination against Women
recommended: “[m]onitor public and private health centres, including hospitals and clinics, which perform sterilization
procedures so as to ensure that fully informed consent is being given by the patient before any sterilization procedure is
carried out, with appropriate sanctions in place in the event of a breach.” UN, Committee for the Elimination of Discrimination
against Women, A.S. v. Hungary (Communication No. 4/2004), CEDAW/C/36/D/4/2004, August 29, 2006, para. 11.5. In
another case, it urged the State “to adopt a comprehensive law protecting women, including disabled women, from forced
sterilization and abortion.” Committee for the Elimination of Discrimination against Women, Concluding observations with
regard to Kuwait, CEDAW/C/KWT/CO/3-4, November 8, 2011, para. 49.
378
UN, Committee for the Elimination of Discrimination against Women, General Recommendation No. 24, Women and
health, 1999, para. 22.
379
Cf. UN, Human Rights Committee, Concluding observations with regard to Japan, CCPR/C/79/Add.102, November 19,
1998, para. 31.
380
Cf. UN, Human Rights Committee, Concluding observations with regard to Slovakia, CCPR/C/SVK/CO/3, April 20, 2011,
para. 13.
381
Cf. UN, Committee against Torture, Concluding observations with regard to Slovakia, CAT/C/SVK/CO/2, December
17,2009, para. 10; Committee against Torture, Concluding observations with regard to Peru, CAT/C/PER/CO/5-6, January 21,
2013, para. 15, and Committee against Torture, Concluding observations with regard to Kenya, CAT/C/KEN/CO/2, June 19,
2013, para. 27.
382
Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 22, El derecho a sexual and
reproductive health, March 4, 2016, para. 29.
383