Summary.
The bill establishes a framework for performing surgical sterilization on men and women who request it in the country’s public hospitals, in connection with the right to decide on their reproductive lives in accordance with the law. It would allow any uninsured adult without financial resources to request the procedure, provided the statutory requirements are met. The Social Security Fund (Caja de Seguro Social) would be required to perform it for insured persons who make a voluntary request to their treating physician.
Sterilization would require, in every case, an informed and voluntary request to the treating physician and a record that the person knows about alternative contraceptive methods. A woman requesting the procedure would need a test showing that she is not pregnant. If a patient has a duly documented mental illness, both a medical request and a request from the patient’s guardian or legally responsible person must be recorded. The procedure would not go ahead if the person withdraws, even before the medical intervention ends, or if there is no proof that health personnel informed the person about alternative contraceptive methods.
Informed consent would be documented on a form signed by the patient. At a minimum, it must record that the patient received information stating that sterilization is elective surgery; describing its risks and complications; and explaining that the patient will be unable to have more children afterward, that its effect is permanent, and that a minimal risk of failure could result in pregnancy. If a person has limitations in reading or writing, the health center would record that circumstance. After the form is read aloud in the presence of the treating physician, the person’s right or left thumbprint and the physician’s signature would be placed on it.
The bill would permit sterilization of minors with their consent, acting through their guardian or legally responsible person, in the listed circumstances. These include a medical recommendation where a minor girl has a disease or condition and pregnancy and childbirth could endanger her life or health; a minor girl who has two or more children and lacks the financial resources to raise them; and a minor girl with a duly documented mental illness, where both a medical request and a request from her guardian or legally responsible person are recorded.
The Ministry of Health (Ministerio de Salud) and the Ministry of Education (Ministerio de Educación) would be responsible for educational campaigns explaining the benefits, implications, and effects of sterilization and providing information on all other contraceptive methods. The bill would repeal Law 7 of March 5, 2013 (Ley 7 del 5 de marzo de 2013) and take effect on the day following its promulgation. Its provisions concern those ministries, the Social Security Fund, public hospitals and health centers, health personnel, people requesting the procedure, and their guardians or legally responsible persons.
What it proposes.
- Surgical sterilization requested within the public health system.
- Access conditions and informed consent.
- Circumstances in which minors may undergo sterilization.
- Public information on sterilization and contraception.
Who it would affect.
- People requesting sterilization in public hospitals.
- People insured by the Social Security Fund (Caja de Seguro Social).
- Minors in the specified circumstances.
- Public hospitals and health centers and their personnel.
Key points.
- The bill establishes a framework for surgical sterilization requested by men and women in public hospitals.Art. 1
- Uninsured adults without financial resources could request the procedure; the Social Security Fund would have to perform it for insured persons who voluntarily request it from their treating physician.Art. 2
- The procedure requires an informed and voluntary request, knowledge of alternative contraceptive methods, and the additional documentation applicable to women and patients with a mental illness.Art. 3
- Withdrawal, even before the intervention ends, or lack of proof that the person was informed about alternative contraceptive methods would prevent the procedure.Art. 4
- Consent would be documented on a signed form; where a person has reading or writing limitations, the center would record them and use a thumbprint and the physician’s signature after the form is read aloud.Arts. 5-6
- Minors could undergo sterilization with their consent, acting through their guardian or legally responsible person, in the specified circumstances.Art. 7
- The Ministry of Health and the Ministry of Education would run educational campaigns on sterilization and other contraceptive methods.Art. 8
- The bill repeals Law 7 of March 5, 2013 and provides that it would take effect on the day following its promulgation.Arts. 9-10