THE STERILIZATION 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 pr event the unauthorised sterilisation of children with intellectual dis abilities. This paper supports the urgent need for prescriptive legisl ation and procedural reform to ensure the protection of the rights and best interests of these children. It argues that non-adversarial appr oaches like the provision of information, advice, and support services are essential for the promotion of informed decision-making by famili es, and to ensure that irreversible and invasive procedures are of 'la st resort', and in the 'best interests' of the child. It describes a ' cooperative arrangement' in Queensland where key stakeholders have suc cessfully identified a practical, less intrusive service oriented appr oach for addressing these highly sensitive and ethically contentious m atters.