The prohibition of practicing surgical methods of contraception in minors

DECISION C- 131 / 2014

In this judgment, the Constitutional Court ruled that the prohibition of practicing surgical methods of contraception in minors is constitutional, because it is the result of the powers granted by the Constitution to the legislator to regulate responsible parenthood and the protection of children. This protects their future full consent and in any event, it doesn´t prevent young adults from exercising responsible fatherhood through other family planning methods. In any case, when the life of the minor is in danger as a result of pregnancy or childbirth and there are not effective alternatives to avoid this, sterilization will be permitted but only after the patient authorization; this also requires a medical concept of an interdisciplinary medical team certifying that there is an imminent risk to the patient’s life and a prior judicial authorization. Regarding the prohibition on subjecting minors who are mentally impaired to surgical contraception, the Constitutional Court considered it is in accordance with the Constitution, provided that there is not imminent risk of death certified by a physician as a result of pregnancy or in the case of a profound or severe mental disability, to which a prior judicial authorization will be required.