Navigation Links
Passage of Illinois House Bill 2290 Adds Crucial Due Process Protection Governing Sterilization of Adults With Disabilities
Date:5/18/2009

Equip for Equality's Judicial Victory Leads to Legislative

Reform for Adults with Disabilities Under Guardianship

CHICAGO, May 18 /PRNewswire-USNewswire/ -- Today, the Illinois General Assembly passed legislation to ban the sterilization of adults with disabilities under guardianship without due process. In so doing, the reproductive dignity of adults with disabilities under guardianship has been preserved. The bill, HB 2290, will now be sent to Governor Quinn.

Previously, there was no requirement that a guardian of an adult with a disability petition the court to authorize a ward's sterilization. In recognition of the fundamental rights at stake, and the history of involuntary sterilization of people with disabilities, most states have enacted statutes to provide due process protection for wards facing this life-changing, and potentially traumatic, situation. Prior to today, Illinois was one of only 16 states failing to provide statutory protections.

"Passage of this legislation is long overdue and critical to the protection of the fundamental rights of people with disabilities," said Zena Naiditch, founder and CEO of Equip for Equality. "Despite having legal guardians, people with disabilities retain basic rights regarding their own bodies and irreversible reproductive decisions. We call on Governor Quinn to put an end to the tragic history of involuntary sterilization and take a giant step forward for human rights by immediately signing this bill into law."

After obtaining a landmark decision in the Illinois Appellate Court upholding the denial of a petition for involuntary sterilization of a 26-year-old woman, Equip for Equality set to work on obtaining a permanent statewide policy change. In the court case, the young woman's guardian sought to have her ward permanently sterilized. In the bench trial and in conversations with the guardian ad litem, the young woman, who had a traumatic brain injury as a result of a car accident at age eight, had made it clear she did not want to be sterilized.

"The legislation is very significant because before 2008, Illinois guardians and doctors could choose involuntary sterilization behind closed doors," said Katie Watson, Assistant Professor in the Medical Humanities & Bioethics Program at Northwestern University who worked with Equip for Equality on HB 2290. "This legislation codifies many principles from the appellate court decision, such as guaranteeing men and women with disabilities a court hearing. That moves the decision into the light and keeps the focus on their interests."

"Sterilization is an extreme, irreversible measure. It impacts an individual's constitutional rights to procreation and privacy," said Marsha Koelliker, Equip for Equality's Public Policy Director. "Under the legislation, only a court may impose such a result on an adult ward with a disability, and, when a ward lacks capacity, only following a hearing on the merits in which the ward is afforded full due process protection."

Among other things, HB 2290 amends the Illinois Probate Act by requiring:

  • A guardian seeking to sterilize an adult ward to file a motion requesting the court's authority to consent to such a procedure;
  • Appointment of a guardian ad litem;
  • A medical and psychological evaluation of the ward;
  • A determination by the court of the ward's capacity to consent or withhold consent to the proposed sterilization; and
  • A court order that includes written findings of fact and conclusions of law.

Representative Kathleen A. Ryg introduced HB 2290 and was Chief Co-Sponsor in the House, along with Representatives JoAnn D. Osmond, Barbara Flynn Currie, Lou Lang and Sidney H. Mathis. Senator Heather Stearns picked up the bill in the Senate and was Chief Co-Sponsor along with Senators Michael Noland and Pamela J. Althoff. Equip for Equality worked in coalition with the Cook County Office of Public Guardian, Office of State Guardian, Feminist Response in Disability Activism, and the ACLU of Illinois to draft the bill. Equip for Equality appreciates their work and that of other organizations in supporting passage of the bill. The Chicago Foundation for Women provided crucial funding to support Equip for Equality's lobbying efforts.

Equip for Equality is a private, not-for-profit legal advocacy organization and is the federally mandated Protection and Advocacy System designated to safeguard the rights of people with physical and mental disabilities. A copy of HB 2290 can be found at www.ilga.gov.

CONTACTS:

Marsha Koelliker, Public Policy Director

(312) 341-7313, marsha@equipforequality.org

Cheryl Jansen, Legislative Policy Manager

(217) 544-6013, cherylj2@equipforequaliy.org


'/>"/>
SOURCE Equip for Equality
Copyright©2009 PR Newswire.
All rights reserved

Related medicine news :

1. Fairness Coalition Applauds Senate Passage of Mental Health Parity Bill
2. Retailers Welcome Senate Passage of Mental Health Parity Bill, Urge House to Adopt Senate Version at Subcommittee Markup
3. The Art Of Maternity(TM) at Destination Maternity(R) Presents A Sacred Passage Into Motherhood; the Art of Belly Masking to Belly Casting
4. Teamsters Applaud Passage of Legislation to Protect Workers From Diacetyl Exposure
5. Asbestos No More: Historic Asbestos Ban Passage Imminent
6. Governor Rendell Launches Tour to Insure; Urges Passage of Plan to Give Access to Affordable Health Insurance
7. Texas Affiliates of Susan G. Komen for the Cure, Sen. Kirk Watson, Rep. Patrick Rose, Singer Kelly Willis, Breast Cancer Survivors and Activists Rally for Passage of Proposition 15
8. Governor Rendell Launches Tour to Insure in Warren County; Urges Passage of Plan to Give Access to Affordable Health Insurance
9. In Johnstown Governor Rendell Launches Tour to Insure; Urges Passage of Plan to Give Access to Affordable Health Insurance
10. Governor Rendell Brings Tour to Insure to Scranton and Urges Passage of Plan to Give Access to Affordable Health Insurance
11. NDPA Urges Passage of Historic Pool Bill
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:4/21/2017)... ... 2017 , ... Young Asset Protection, an insurance provider and ... greater Pittsburgh metropolitan region, is joining forces with the local chapter of the ... , Variety the Children’s Charity is a national organization dedicated to empowering, enabling, ...
(Date:4/21/2017)... ... April 21, 2017 , ... The Hong Kong Polytechnic University (PolyU) ... facility among higher education institutions in Hong Kong to support teaching, learning and research. ... range and quantity of facilities in Hong Kong. , With an area of ...
(Date:4/21/2017)... CA (PRWEB) , ... April 21, 2017 , ... ... Joseph Health held the much anticipated Regional Primary Care Spring Symposium on April ... in the local medical community, offering physicians and healthcare providers an opportunity to ...
(Date:4/21/2017)... CA (PRWEB) , ... April 21, 2017 , ... ... to experienced, personalized dental care since 1985. After thirty-two years, Dr. Latner has become ... privilege to help my numerous clients over the years with all their dental needs,” ...
(Date:4/21/2017)... , ... April 21, 2017 , ... ... Detroit reveals good news for older shoulder replacement patients; post-operative recovery just might ... from two groups of patients presenting with osteoarthritis following surgery: 262 patients under ...
Breaking Medicine News(10 mins):
(Date:4/20/2017)... 2017 Research and Markets has announced the ... by Rapidly Expanding Injectables Market and Increasing Usage of Complex Biologics ... ... will rise from USD 20 Billion in 2015 to around USD ... Technologies - Innovation Driven by Rapidly Expanding Injectables Market and Increasing ...
(Date:4/20/2017)... 2017 Eyevensys, a private biotechnology ... gene expression technology that enables the safe, local, sustained ... a wide range of ophthalmic diseases, announces it has ... Regulatory Agency (MHRA) to advance its technology into clinical ... The ...
(Date:4/19/2017)... The Mobile X-Ray product segment is the most ... the forecast period Mobile X-Ray segment is the ... X-Ray devices market, which is estimated to be valued at ... CAGR of 7% over the forecast period. Mobile X-Ray segment ... US$ 100 Mn in 2017 over 2016. The segment,s revenue ...
Breaking Medicine Technology: