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Should A Person With Learning Difficulties Be Sterilised?

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anotheoldgit | 12:12 Fri 16th Aug 2013 | News
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http://www.telegraph.co.uk/news/uknews/10247073/Man-with-learning-difficulties-to-be-sterilised-in-unprecedented-court-ruling.html

If both parties (as in this case) have learning difficulties, why should just the man be sterilised?

Note it was a female judge who made this ruling, imagine the outcry had a male judge made the same ruling, but focused on just the female?

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He's asked for it himself, so at best, your question isn't phrased correctly

'DE, who has a mental age of between six and nine, had made it clear that he did not want any more children.'
A vasectomy is a much less invasive and quicker to recover from operation than a tubal ligation. It is far easier to ensure a female takes or uses some form of hormonal contraception such as the pill or the implanon implant.
Not when his partner aslo has learning difficulties, daffy.
The only thing that would concern me is at what stage would such a thing be considered?

There are loads of complete morons out there who should never be allowed to pass on their inferior genes to another generation. But who decides? Should such things only be allowed to happen with people who have 'learning difficulties' ?

In this case the guy wanted the operation so it probably is the best outcome.

The Judge would have had to take into account *HIS* wishes under the best interest test under the Mental Capacity Act. Had the genders been reversed as you suggest, the Judge would STILL have taken into account the patient's wishes.
You ask

//Should A Person With Learning Difficulties Be Sterilised?//


In general terms - No.


Should This Person With Learning Difficulties Be Sterilised?

Yes, given the circumstances and in light of what has happened so far in their relationship, as best he can given his mental age , he has said it is what he wants.
The partner can be medicated by her parents easily is what I meant. It is not difficult to ensure that she is given and takes a contraceptive pill daily. Even without daily supervision she could have the implant and be safe from pregnancy for a few years at a time.
//The man's parents, who live with their son in the Midlands, endured a three-year legal battle after going to their local GP to request he had a vasectomy following the conception of his son, culminating in an emotional four-day court hearing earlier this month. //

I think your link explains it pretty well...
Er, the man, or rather his Guardians asked for HIM to be sterilised. No request was made from the woman's guardians.

The gender of the judge in applying the law is immaterial.

Do you have any evidence or can you support your assertion that there would be an outcry if a male judge supported a request from a woman (or her guardians) to be sterilised.
-- answer removed --

As Zacs said, doesn't seem to be a problem in this case

/// DE, who has a mental age of between six and nine, had made it clear that he did not want any more children. ///
Question Author
Zacs-Master

/// He's asked for it himself, so at best, your question isn't phrased
correctly ///

Are you sure a vasectomy is what this man wanted, it is reported that the man has a mental age of between six and nine, could he even know what a vasectomy was?

It would seem from this that it was his parents who were pressing for him to have one, due to the child of the couple having to be brought up by the grandmother.

/// The man's parents, who live with their son in the Midlands, endured a three-year legal battle after going to their local GP to request he had a vasectomy following the conception of his son, culminating in an emotional four-day court hearing earlier this month. ///

/// There is only one known previous case involving an application for male sterilisation and it was refused in 1999. ///

/// The court ruled that a vasectomy would not be in the best medical and emotional interests of the 28-year-old man, who had Down's Syndrome, despite his mother's wishes to the contrary. ///
Lets say he has the mental age of 9. 9 year olds can easily understand what a vasectomy is.
From the same article, AoG
"DE, who has a mental age of between six and nine, had made it clear that he did not want any more children."

and
"The consequences were "profound" for both families and the judge noted that their long-standing relationship nearly broke under the strain"

It is my understanding that this relationship is extremely important for both of them. Another child could seriously jeopardise that. In that event,based upon the evidence and the circumstances, the judge has made this ruling.

Not sure quite what your issue is.
Is it your contention that this ruling is sexist, or that it is some form of conspiracy against males?

Or do you think they should be left alone to cope as best they can with contraception and deal with any children as and when they come along? An abortion perhaps? Maybe putting the child up for fostering or adoption?

What would your solution be?
He may not have known what a vasectomy was, but he certainly didn't want anymore children and the Judge found that more children may lead to psychological harm. This was a four day hearing, no doubt with considerable evidence from medical and mental health professionals who routinely deal with DE on a day to day basis. I'm currently trying to find a copy of the full judgement.
All we have to read is what will be a tiny amount of what the hearing contained , and given that it seems to me the best course of action in this case.

Alternatives ? The young couple have a new baby per year with all the resultant trauma - no.
AOG - a typical move of the goalposts form you. Your OP was 'Should A Person With Learning Difficulties Be Sterilised?' I answerd that.
// ...why should just the man be sterilised? //

The objective is to stop them conceiving more children. It only needs one of them to be sterilised to achieve that objective. As the male (through his Guardians) had applied to be sterilised, the judge could only grant that wish.

This is not about sterilising people against their will. The woman hadn't applied for it, so it was not within the power of the judge to force it on her.

Ypur question is very wierd and warped if you think the man has been the victim of discrimination from a female judge.
I considered posting this article earlier but didn't really see much to debate, in this case it was exactly the right decision. Generally on a blanket basis - no (each on a case by case basis I would say)
Exactly Octavius. A 'non' question.

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