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What it is

Forced sterilization of people with disabilities is banned

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 27 February 2020. Introduced by: Senado.

Official title: Private member's bill for an Organic Law amending the Penal Code to eradicate forced or non-consensual sterilization of persons with disabilities who have been judicially incapacitated.

Follow this law

Source: Congreso de los Diputados, file 124/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The paragraph of the Criminal Code that allowed the sterilization of people with disabilities without their consent, when ordered by a judge in exceptional cases, is removed.
  2. Sterilization procedures that were underway or approved but not yet carried out are voided. The person regains full freedom to decide whether to undergo the medical treatment.
  3. The first additional provision of organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 1/2015, which regulated these sterilization procedures, is repealed.
  4. The Government must send Congress and the Senate a bill to adapt other health laws. The goal is for people with disabilities to receive medical information in accessible formats so they can make free and informed decisions.

Who it affects

  • People with disabilities, especially those under judicial incapacitation: They can no longer be sterilized without their consent, even by court decision.
  • Women and girls with disabilities: They are the group most affected by this practice, according to the law's preamble.
  • Guardians and legal representatives: They lose the ability to consent to a sterilization on behalf of the person they represent.
  • Judges and courts: They can no longer order sterilizations of people unable to give consent.

Words worth knowing

Esterilización forzada o no consentida
A permanent procedure that prevents having children, performed without the free agreement of the person affected.
Incapacitación judicial
A court decision declaring that a person cannot make certain decisions on their own.
Ley Orgánica
A type of Spanish law reserved for major matters, such as fundamental rights, requiring a special majority in Congress.
Convenio de Estambul
Council of Europe treaty against violence toward women and domestic violence, in force in Spain since 2014.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced27 February 2020Someone registers the text in the Congreso.
  2. Admitted3 March 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments6 March 2020Groups propose changes.
  4. Committee18 April 2020A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate30 September 2020The Senate can pass it, amend it or veto it.
  7. BOE2 December 2020It is published in the Official State Gazette (BOE) and comes into force.
See the 8 official steps on a timeline
Mar 2020Jun 2020Sept 202011. 27 February 2020: Presentación22. 3 March 2020: Comisión de Justicia Publicación desde 03/03/2020 hasta 06/03/202033. 3 March 2020: Calificación44. 6 March 2020: Comisión de Justicia Enmiendas desde 06/03/2020 hasta 18/04/202055. 18 April 2020: Comisión de Justicia Informe desde 18/04/2020 hasta 23/09/202066. 23 September 2020: Comisión de Justicia Dictamen desde 23/09/2020 hasta 30/09/202077. 30 September 2020: Senado desde 30/09/2020 hasta 02/12/202088. 2 December 2020: Concluido - (Aprobado con modificaciones) desde 02/12/2020 hasta 25/01/2021

15 October 2020

How did the plenary vote?

More votes in favour 348 yes · 0 no

Voted on: Overall vote on the Organic Private member's bill amending the Penal Code to eradicate forced or non-consensual sterilization of persons with disabilities who have been judicially incapacitated, given its organic nature.

This law had 3 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 16 of sitting 50· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
5 in favour · 1 did not vote
Mixto9
8 in favour · 1 did not vote
Ciudadanos10
10 in favour
Gcup-ec-gc35
35 in favour
GPlu12
12 in favour
Popular en el Congreso88
88 in favour
VOX52
52 in favour

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Presented before in:

Published in the BOE: Organic Law 2/2020, of December 16, amending the Penal Code to eradicate the forced or non-consensual sterilization of persons with disabilities who have been judicially incapacitated.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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