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Compulsory sterilization
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=== International law === The [[Convention on preventing and combating violence against women and domestic violence|Istanbul Convention]] prohibits forced sterilization in most European countries (Article 39).<ref>{{cite web |url=https://rm.coe.int/168046031c |title= Council of Europe Convention on preventing and combating violence against women and domestic violence |access-date=2017-08-07 |url-status=live |archive-url=https://web.archive.org/web/20170531114057/https://rm.coe.int/168046031c |archive-date=2017-05-31 }}</ref> Widespread or systematic forced sterilization has been recognized as a [[Crime against Humanity]] by the [[Rome Statute of the International Criminal Court]] in the explanatory memorandum. This memorandum defines the jurisdiction of the [[International Criminal Court]].<ref name="Horton">{{cite book |first=Guy |last=Horton |chapter-url=http://www.ibiblio.org/obl/docs3/Horton-2005.pdf |title=Dying Alive β A Legal Assessment of Human Rights Violations in Burma |archive-url=https://web.archive.org/web/20160113112157/http://www.ibiblio.org/obl/docs3/Horton-2005.pdf |archive-date=2016-01-13 |date=April 2005 |publisher=The Netherlands Ministry for Development Co-Operation |chapter=12.52 Crimes against humanity |page=201 }} Horton references RSICC/C, Vol. 1 p. 360</ref><ref>{{cite web |url=http://legal.un.org/icc/statute/romefra.htm |title=Rome Statute of the International Criminal Court |publisher=legal.un.org |access-date=2012-07-13 |url-status=live |archive-url=https://web.archive.org/web/20131019222329/http://legal.un.org/icc/statute/romefra.htm |archive-date=2013-10-19 }}</ref> It does not have universal jurisdiction, with the United States, Russia and China among the countries to exclude themselves.<ref>{{cite web |title=Rome Statute of the International Criminal Court |url=https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&clang=_en |website=United Nations Treaty Collection |publisher=United Nations |access-date=1 December 2019 |ref=Yes |language=EN |archive-url=https://web.archive.org/web/20191109001013/https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&clang=_en |archive-date=9 November 2019 |url-status=live }}</ref> Rebecca Lee wrote in the [[Berkeley Journal of International Law]] that, {{as of|2015|lc=y}}, twenty-one [[Council of Europe]] member states require proof of sterilization in order to change one's [[legal sex]] categorization. Lee wrote that requiring sterilization is a human rights violation and that LGBTQ-specific international treaties may need to be developed in order to protect LGBTQ human rights.<ref>{{cite journal | title=Forced Sterilization and Mandatory Divorce: How a Majority of Council of Europe Member States' Laws Regarding Gender Identity Violate the Internationally and Regionally Established Human Rights of Trans* People |journal=Berkeley Journal of International Law |volume=33 |issue=1 |date=2015 |url=https://lawcat.berkeley.edu/record/1126810?ln=en |quote=Unfortunately, this is not an anomaly: this is the lived experience of trans* people in dozens of countries throughout the world, including the twenty-one Council of Europe (COE) Member States that currently require proof of sterilization to change one's legal sex categorization. [β¦] It would be advisable for LGBTQ activists to seriously consider developing LGBTQ-specific international and regional human rights treaties. |doi=10.15779/Z381W07 |doi-broken-date=1 November 2024}}</ref>
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