Court allows Australian parents to sterilize 11-year-old disabled daughter

From ABC News in Australia:

The Family Court has granted a Queensland couple permission to have a hysterectomy performed on their 11-year-old disabled daughter.

The girl, known only as Angela, has the neurological disorder Rett Syndrome, which causes epileptic fits when she menstruates.

Family Court judge Paul Cronin found that the performance of a hysterectomy was "in the child's best interests".

Angela's disorder makes her profoundly disabled and unable to talk or use sign language.

The court, sitting in Brisbane, heard Angela acted in a similar way to a three-month-old baby.

She has to be fed and cared for and has no bladder control. She has a special walking frame she has to be strapped into, and has a person to help her.

Since she was born, Angela - whose parents married in South America and came to Australia in 1991 - has had epileptic seizures, but they are now under control through medication.

However, while the epilepsy is controlled, seizures can occur when she has a heavy menstrual period, which have been happening since she was nine years old.

The family was told by experts in March 2009 that the recommended treatment would be a hysterectomy, the court heard.

But Queensland Health - acting on legal advice - said because of the irreversible nature of the procedure it could not be conducted without a court order.

The ruling has sparked renewed debate on the rights of children with disabilities.

Mark Patterson from the National Council of Intellectual Disability says it is a difficult case.

"Sometimes people get the idea that families just do this as a matter of convenience and it's all done within five minutes," he said.

"It's not done like that at all.

"I think we need to think about the process and have some care and respect for the families and the judges involved."

The decision has outraged some ethicists including Leanne Dowse from the University of New South Wales.

"Australia became a signatory to the UN convention on the rights of persons with disabilities in July 2008," Dr Dowse said.

"That convention says that individuals with a disability have a right to respect for his or her physical integrity.

"That sort of idea means that the first position is to protect an individual from these sorts of things."

Justice Cronin said in his judgement, publicly released on Tuesday, that the procedure was "urgent and necessary".

"Angela is never going to have the benefits of a normal teenage and adult life," the judgement read.

"A fundamental consideration is ... the risks to Angela's life as well as her general health."