title: [Sterilization of the mentally handicapped according to section 1905 of the German Civil Code in relation to developing a patient management regulation].
abstract: Discussions on the sterilization of the mentally handicapped are still overshadowed to a great extent by the dire consequences of National Socialist policies which were only poorly concealed in the legislation of the period. These laws have meanwhile been rescinded but that has not eradicated the phenomenon itself. In fact, in recent years about 1,000 mentally handicapped persons have been sterilized--without their consent and without any firm legal basis for such action--shortly before reaching the age of 18. In most cases, the parents and the physicians involved joined forces in taking the matter into their own hands. Against this background there is a clear need for legislative action. Virtual agreement has been reached on this between the political groupings represented in the Bundestag and the organizations working for the welfare of the handicapped. Nonetheless, the recently submitted draft of a new bill is for the most part unacceptable. It is an improvement of earlier drafts in asmuchas the attempt to establish a close and often inappropriate link with Sect.218 a of the Penal Code (concerning abortion) has at least partly been given up. But the fact remains that handicapped women are still subjected to greater burdens than their male counterparts. Under the planned amendment to Sect.1905 Para. 1 (4) of the Civil Code, the act itself will define the requirements for a sterilization to be carried out "for medical reasons" (i.e. if life or health of the expectant mother are in jeopardy). Sect.1905 of the Civil Code contains no specific regulations as to when a sterilization is permissible "for eugenic reasons," but the fact remains that it can still be quite easily carried out under the general grounds. Pursuant to Sect.218a of the Penal Code an abortion can be exempt from punishment under special circumstances (i.e. on "social grounds") if the mother is at the time in a desperate situation which cannot be rectified in any other way. It certainly reflects very poorly on us if we do not succeed in giving the handicapped the help and support they need in their life situations which are so completely different from ours.
authors.forename: P
authors.initials: P
authors.lastname: Finger
mesh_terms: D002648:Child; D005860:Germany, West; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D008607:Intellectual Disability / Q000235:genetics / Q000517:prevention & control*; D012307:Risk Factors; D013244:Sterilization, Involuntary; D013245:Sterilization, Reproductive
vernacular_title: Die Sterilisation geistig Behinderter nach section 1905 BGB in der Fassung eines Entwurfs des Betreuungsgesetzes (BtG).