Redress for involuntarily sterilised trans people in Sweden against evolving human rights standards : a critical appraisal

Abstract

Involuntary sterilisation is a long-standing practice that has targeted vulnerable and marginalised groups in different historical and geographical contexts. These include transgender and transsexual people who have often had to undergo sterilisation as a requirement for legal gender recognition. During the last decades, the international community has started to recognise involuntary sterilisation as a violation of human rights, with remedial implications flowing from state responsibility. To date, however, no binding remedial human rights standards have been established with reference to trans people specifically. Importantly, in March 2018, the Swedish Parliament approved legislation to compensate sterilised trans people on an ex gratia basis. This article evaluates the new Swedish legislation against developing human rights remedial standards. While pointing out enduring shortcomings, it welcomes the remedial initiative in the Swedish Compensation Act, highlighting the need for equal and coherent international remedial standards concerning involuntarily sterilised persons regardless of their gender identity.