A man with significant learning difficulties has been ordered to undergo a vasectomy to prevent him from having further children in a landmark legal ruling by the High Court.
This headline on August 17th introduced an important article by the Daily Telegraph’s legal correspondent Victoria Ward.
The case raised obvious legal and moral issues… Angus Moon QC, for the Official Solicitor, appointed to represent DE, said the “truly exceptional” case should not be seen as a green light for other applications for people with learning difficulties to have a vasectomy and insisted that the proceedings were “not covered by a shadow of eugenics”.
Campaigners welcomed the ruling but warned that sterilisation was a “serious medical intervention” that had a fundamental impact on human rights.
Beverley Dawkins, policy manager at learning disability charity Mencap, said: “Decisions in such a case must always be about the specific circumstances of the individual and it’s important that every alternative is considered, to ensure the least restrictive option is chosen.
“The court seems to have carefully weighed up what is in the best interests of this man, and reached a balanced decision that allows him to continue a loving relationship with his partner.
“We welcome the emphasis placed on the fact that this is an exceptional case and should not be seen as a green light for other applications for sterilisation in respect of people with a learning disability.”