Why is sterilisation still being forced on transgender people?

Compensation demanded in Sweden.

A group of Swedish transgender people are demanding 42.6m kronor (approximately £4.8m) from the state for having been forced to be sterilised before undergoing gender reassignment surgery.

The individuals, part of the estimated 865 who were told to accept the procedure in order to have their gender recognized in law, also want an official apology from the government.

According to the Swedish Federation for Lesbian, Gay and Transgender Rights (RFSL), around 500 people were coerced into sterilisation between 1972 and 2012.

Speaking to AFP, RFSL leader Ulrika Westerlund said: "our starting point is to ask for 300,000 kronor per person. This amount is based on both the level of compensation for victims of forced sterilisation in Sweden and on the level determined by the European Court of Justice in similar cases."

The law finally changed in January this year following widespread outrage at the little known practice, and after the Stockholm administrative court of appeal ruled in December that it was unconstitutional.

Another report from the Council of Europe, created for the Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly, called the practice a "major abuse of human rights",  and stated that it had to stop.

While this could be seen as a welcome change to an outdated and unique situation, reality is far more depressing. The recent events in Sweden simply mean that it has joined the incredibly small minority of EU countries who do not demand that transgender people are sterilised, along with the United Kingdom, Spain and Portugal. Hungary does not demand it either, though it can be argued that the country tends to try and avoid the problem completely.

The issue was first raised on the EU level in 2010, when member states where told that they should review their policies, but sadly, the reports that followed indicated that most countries were very eager to ignore the issue.

Heavy criticisms also came from a report published by the United Nations Special Rapporteur on Torture, who called for countries to “outlaw forced or coerced sterilization in all circumstances” in February 2013. Once again, this did not lead to any reforms, or even promises of future changes.

One of the possible explanations behind this incredible unwillingness to abolish such a horrific and backwards practice would be the complete unawareness of the public on the subject. This was easily proved with the Swedish case, when a petition against forced sterilization posted online by AllOut easily reached nearly 80,000 signatures.

The obvious question to ask then, would be: why stop at Sweden? If this reform can be triggered relatively easily by informing people of what is happening, why is there such a deafening silence around the issue?

While LGBT organisations campaigning for equal marriage should be applauded, it would also be important to remember that there are a lot of pressing issues that need to be talked about, sooner rather than later.

Swedish transgender people are demanding 42.6m krona compensation. Photograph: Getty Images

Marie le Conte is a freelance journalist.

Photo: Getty Images
Show Hide image

Autumn Statement 2015: whatever you hear, don't forget - there is an alternative

The goverment's programme of cuts is a choice, not a certainty, says Jolyon Maugham.

Later today you will hear George Osborne say there is no alternative to his plan to slash a further £20bn from lean public services by 2020-21. He will also say that there is no alternative to £9bn cuts to tax credits, cuts that will hit the poorest hardest, cuts of thousands of pounds per annum to the incomes of millions of households.

But there is.

As I outlined here the Conservatives plan future tax cuts which benefit, disproportionately or exclusively, the wealthy. Suspending those future tax cuts for the wealthy would say, by 2020-21, £9.3bn per annum.

I also explained here that a mere 50 of our 1,156 tax reliefs cost us over £100bn per annum. We don't know how much the other 1,106 reliefs cost us - because Government doesn't monitor them. And we don't know what public benefit they deliver - because Government doesn't check.

What we do know, as I explained here, is that they disproportionately and regressively benefit the wealthy: an average of £190,400 per annum for the wealthiest.

And we know, too, that they include (amongst the more than 1,000 uncosted reliefs) the £1bn plus “Rights for Shares Scheme” - badged by the Chancellor as for workers but identified by a leading law firm as designed for the wealthiest.

Simply by asking a question that the Chancellor chooses to ignore - do these 1,156 reliefs deliver value for money - it is entirely possible that £10bn or more extra in taxes could be collected without any loss of  public benefit

To this £19bn, we might add the indiscriminate provision - both direct and indirect - of public money to wealthy pensioners.

Those above basic state pension age enjoy a tax subsidy of up to 12% on earned income.

Moreover, this Office for National Statistics data (see Table 18) reveals that the 10% of wealthiest retired households - some 714,000 households - have gross pre-tax and pre-benefit private income of on average £43,983. Yet still they enjoy average cash benefits from government of £11,500 per annum.

Means testing benefits to exclude that top 10 per cent of retired households would save £8.2bn per annum. And why, you might wonder aloud, should means testing be thought by the government appropriate for the working age population, yet a heresy for retired households?

Add in abolition of that unprincipled tax subsidy and you'll save even more. 

So there are alternatives. Clear alternatives. Good alternatives. Alternatives that enable those with the broadest shoulders to bear some share of the pain. Don't allow yourself to be persuaded otherwise.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues.