'Please Sterilise My Disabled Daughter'

A Stellenbosch mother has taken the first step in the Cape High Court on Tuesday to have her 13-year-old mentally handicapped daughter sterilised.

The woman says the Sterilisation Act of 1998 does not make provision for her daughter. Prior to this act being promulgated, most disabled children could be sterilised or given hysterectomies for their own safety.

But the act of 1998 stipulates that minors cannot be sterilised unless they are in a life-threatening situation or their physical health is in danger.

Court documents state that the 13-year-old girl was born with Down's Syndrome and had a stroke at the age of three. Her mental state is said to be similar to that of a child of five.

The mother's motivation for wanting to have her child sterilised is her daughter's phobia of blood which causes extreme discomfort and trauma each time she menstruates.

The operation is hoped to make her life easier and less stressful and is not purely to prevent her from falling pregnant.

According to court documents, other methods like the pill or injection could not be used because of "various medical considerations".

On Tuesday Advocate Johan de Waal applied for a curator to be appointed to ensure that the girl's rights are not violated. The curator will also investigate the ramifications the case will have on other children in similar situations