The sterilisation of children with intellectual disabilities - Defective law, unlawful activity and the need for a service oriented approach

Australian sterilisation law is defective because it does little to prevent the unauthorised sterilisation of children with intellectual disabilities. This paper supports the urgent need for prescriptive legislation and procedural reform to ensure the protection of the rights and best interests of these children. It argues that non-adversarial approaches like the provision of information, advice, and support services are essential for the promotion of informed decision-making by families, and to ensure that irreversible and invasive procedures are of 'last resort' , and in the 'best interests' of the child. It describes a 'cooperative arrangement' in Queensland where key stakeholders have successfully identified a practical, less intrusive service oriented approach for addressing these highly sensitive and ethically contentious matters