The reason for these elaborate procedures is that a great deal of concern exists in respect of the acceptance of requests for such sterilizations, due to the current legal position (Opinion on the contraception for the mentally handicapped. Document Number 49, 1996).
Article 16-3 of the Code Civil permits injury to a person's body, only if it is essential for curing some inherent disease. Further, such legal sanction is available only if the individual, who will be affected by such treatment, expresses willingness to undergo such medical procedure (Civil Code of 1804 - Napoleon Code, 2005).
A number of issues have to be addressed, namely, it is evident that it is difficult if not impossible to vindicate a medical course of action whose objective is to bring about contraception; mental retardation constitutes insufficient justification for contraception and it is well nigh impossible to obtain the voluntary and educated willingness of a mentally retarded person. Moreover, the possibility of young, mentally retarded women being subjected to abusive action is a palpable risk (Opinion on the contraception for the mentally handicapped. Document Number 49, 1996).
In order to address these issues several eugenic sterilization laws were enacted in some of t ...