The purpose of this paper is to discuss the act of sexual sterilization (SS) for the purpose of eugenics, in regard to mental health patients. This paper will also discuss the law pertaining to this issue and how this issue relates to health care providers, specifically nurses.
Background
Eugenics is a social process by which the society tries to purify the gene pool with the most desirable mental and/or physical characteristics to that society, which are thought to have a component of heredity. Throughout history, the world has seen many various attempts of controlling the quality of the gene pool. Examples can be drawn endlessly from various eras in history, such as the warrior society of the Spartans, which discarded newborns (infanticide) …show more content…
D.E. (Guardian ad litem) v. British Columbia, 2005 BCCA 134 (CanLII) brings forth the issue of SS and mental health patients for the benefit of eugenics. This case focused on 18 plaintiffs with serious mental health issues, which were subject to the Sexual Sterilization Act (1933 - 1968) at Riverview Hospital, known as Provincial Mental Hospital at Essondale previously. For a patient to be considered for SS under this act, the superintendent would send their recommendation to the Eugenics Committee for review with the primary concerns of potential post-discharge sexual activity, capacity to reproduce and the inheritance of their illness. So, by this criteria, any of the residents could have been recommended to the committee and sterilized. Plaintiffs pleaded that, “…the superintendents abused their public office in making the recommendations…” of SS, which may be deemed as an intentional tort. Unfortunately, the state of mind of the superintendents and whether or not they knowingly exercised their powers for reasons foreign to the statute, could not be established due to their deceased status. A topic of discussion was also that SS was sexual assault on the plaintiffs, but due to the ultimate limitation period of 30 years, these claims were nullified. Furthermore, the judge deemed that SS was not a form of sexual assault as defined by the Limitation Act - section 3(4)(l) at this
Background
Eugenics is a social process by which the society tries to purify the gene pool with the most desirable mental and/or physical characteristics to that society, which are thought to have a component of heredity. Throughout history, the world has seen many various attempts of controlling the quality of the gene pool. Examples can be drawn endlessly from various eras in history, such as the warrior society of the Spartans, which discarded newborns (infanticide) …show more content…
D.E. (Guardian ad litem) v. British Columbia, 2005 BCCA 134 (CanLII) brings forth the issue of SS and mental health patients for the benefit of eugenics. This case focused on 18 plaintiffs with serious mental health issues, which were subject to the Sexual Sterilization Act (1933 - 1968) at Riverview Hospital, known as Provincial Mental Hospital at Essondale previously. For a patient to be considered for SS under this act, the superintendent would send their recommendation to the Eugenics Committee for review with the primary concerns of potential post-discharge sexual activity, capacity to reproduce and the inheritance of their illness. So, by this criteria, any of the residents could have been recommended to the committee and sterilized. Plaintiffs pleaded that, “…the superintendents abused their public office in making the recommendations…” of SS, which may be deemed as an intentional tort. Unfortunately, the state of mind of the superintendents and whether or not they knowingly exercised their powers for reasons foreign to the statute, could not be established due to their deceased status. A topic of discussion was also that SS was sexual assault on the plaintiffs, but due to the ultimate limitation period of 30 years, these claims were nullified. Furthermore, the judge deemed that SS was not a form of sexual assault as defined by the Limitation Act - section 3(4)(l) at this