Parents fail in bid to have 25-year-old intellectually disabled daughter sterilised.

The parents of an intellectually disabled woman have failed in their bid to have her sterilised to prevent unwanted pregnancies.

The 25-year-old Victorian woman has a job and is an accomplished athlete, but struggles with basic care tasks and lives at home with her parents.

They say the woman, who is known only as ZEH in court documents, is at risk of being taken advantage of and unable to consent to sexual activity.

“ZEH’s character and personality has evolved into a person who gravitates to anyone who has a smile or shows interest in her,” her parents told the Victorian Civil and Administrative Tribunal.

“She is always a follower even in her peer group and she will always do what others say.

“Whilst that trait is to be applauded unfortunately in this ever-changing world she can be exposed to potentially serious risks by being taken advantage of in a sexual manner.”

They cited an incident a few years ago where ZEH was touched sexually by another young person at a social activity.

“(The incident) significantly highlighted our daughter’s inability to process what is right or wrong when dealing with relationships and sexual activity,” they said.

Currently taking the pill, ZEH has trialled other contraceptives such as the hormonal IUD, but has had a bad reaction to the hormones.

Her parents say the pill is not a perfect solution, because ZEH has to be reminded to take it every day, and it can have it’s effectiveness reduced when used alongside antibiotics.

They want her to have a tubal ligation by laparoscopy, a form of permanent contraception that blocks the fallopian tubes.

The request was supported by ZEH’s gynaecologist, but a second opinion from another gynaecologist did not support it.

The tribunal said that ZEH told a staff member of the Office of the Public Advocate: “I am not able to look after a child, I can’t look after myself”.

“I asked her if this is what she thought or what her parents have told her and she replied “what I think, both,” they said.

“ZEH stated that she felt “Okay” about having the operation and she was “not scared”,” the OPA staffer reported.

ZEH also said she liked taking the pill, and could do so without being reminded by her mother.

But ZEH’s sister told the tribunal that ZEH “struggles to care for herself on a daily basis”.

“If an unexpected pregnancy was to occur, there would be no way that she would be in a position to cope with this. The hormonal and body changes associated with pregnancies wouldn’t be handled at all.

“To expect her to care for another person and be accountable for that individual is simply preposterous.”

VCAT Deputy President Genevieve Nihill said that the procedure wouldn’t prevent ZEH from unwanted sexual encounters.

“As ZEH is currently sexually inactive, with limited opportunities to pursue a sexual relationship, it is unlikely that she will participate in consensual sexual activities at this stage.

“However, she may experience unwanted, coercive or assaultive sexual contact. Although a tubal ligation will prevent the occurrence of an unwanted pregnancy in this event, it will not protect from the trauma associated with this type of event,” she said.

“Furthermore, a tubal ligation will not reduce the likelihood of such an event occurring. This risk may however be mitigated through continued education and discussion surrounding human relations and sexuality, with a focus on protective behaviours.”

She said there were other options for ZEH, that were less invasive.

“Sterilisation of a young woman with intellectual disability requires, as the High Court has made clear, justification of the most compelling kind.

“ZEH’s circumstances, on the evidence before me, are such that there is no therapeutic basis for the procedure, and there are less invasive and less permanent contraceptive options available to her.

“I acknowledge and respect the loving intentions of the applicants, and recognise that they are strong advocates for her rights and her best interests.

“In the current circumstances, however, I am not satisfied that there is compelling justification for the special procedure, nor that it is the least restrictive option, and I do not consent to it.”

She said sterilisation simply to prevent pregnancy was an extreme denial of a person’s human rights.