Inequality age to undergo sterilization rebuilds debate.

Advocacy groups for the

rights of women complain that men may choose not to have children at age 18,
while women should wait until age 23. A lawsuit was filed in the Supreme Court.
Sterilization turn the debate
The regulatory framework for female sterilization, established by Law 7 March 2013,
rebuilt reviews of organizations that defend human rights, because according to
these shows gender inequality and opportunity.
It is Article 3 and paragraph 2 of Article 4 of the regulation, which establishes the
requirements for a woman requests sterilization in health centers or hospitals in the
public sector from the 23 years and two children. In addition, medical advice (see
facsimile).
For men, the law states that may decide not to have children at age 18, through
vasectomy.
The disagreement came to the Supreme Court (CSJ) on November 25, Day for the
Elimination of Violence against Women, when the lawyer and member of the
Foundation for Gender Equality (Fundagnero) Haydee Mendez Illueca presented to
Personally, a lawsuit to declare unconstitutional Article 3 and paragraph 2 of Article
4 of Law 7.
Illueca Mendez argues that both aspects of the standard are in violation of Articles
4, 17, 19, 109, 110 and 112 of the Constitution of the Republic of Panama force and
universal principles of human rights as enshrined in international conventions
ratified by Panama.
He noted that the amendment application did not show the year of the adoption of
the law, because they expected the inclusion of changes in the draft law on sexual
and reproductive health education, but, as has been approved, it decided to bring
the resource.
Regulating the issue of salpingectoma emerged to repeal Law 48 of May 13, 1941,
described as discriminatory because it could only opt for sterilization women over
33 years with five children.
Unprivileged
The vice president in charge of Fundagnero, Gilma De Leon, said that the group's
position is that it complies with the Constitution of the Republic of Panama, which
states in Article 19 that no personal immunity or privilege or discrimination based
on race, birth, sex, religion or political affiliation.
He said the current law improved rules of 1941, however, the two items show an
inequality and privilege, because of the age in which man can undergo sterilization
without permission and the woman must wait until age 23.
Given this fact, De Leon said "motherhood can not be forced. When sterilized
women must decide how many children they have or do not want to have children. "

Fundagnero asks the Supreme Court to exercise the uniformity of law, equity law
and declared unconstitutional two articles.
Meanwhile, Joyce Araujo, human rights consultant, said that what you want in
Panama is equal opportunities for men and women.
"Ideally, at age 18, when the person is an adult, you can make the decision to have
salpingectomy in the public health system. Whereas if the person has sufficient
financial resources, it can be sterilized without any of the requirements, he said.
The leaders of the unions of women argue that this country must fulfill its
commitments at international level and develop public policies on equal
opportunities.
Some of the international agreements that must be met are the Convention on the
Elimination of All Forms of Discrimination Against Women and the Inter-American
Convention on the Prevention, Punishment and Eradication of Violence against
Women (Belem do Para), among others.
salpingectoma
In the Panamanian Association for Family Planning (APLAFA), dedicated to providing
counseling and education on sexual and reproductive health, sterilization service is
also provided.
This group is also in favor of revising the law, as it believes that there is inequality
of opportunity.
Nischma Villarreal, Executive Director of APLAFA said the previous law provided
much inequality, but with the new law remains on a smaller scale
"We believe that should match the age and requirements for men and women," he
said.
Only in clinical practice APLAFA The Locera of outpatient surgery sterilization. From
2010 to 2014 this procedure to 441 women and vasectomy, 410 men did.
Most of the patients who practiced this outpatient surgery are couples, ie married or
cohabiting.
UNCONSTITUTIONALITY
The constitutionalist and professor Miguel Antonio Bernal explained that if the
lawsuit brought against Articles 3 and paragraph 2 of Article 4 complies with the
formalities, the Supreme Court must give way.
According to Bernal, if indeed those articles of the law violate international
standards of protection for women, of which Panama is a signatory, then yes Article
4 of the Constitution, which dictates that the rules will be violated abide
international right.
He noted that the average for solving this resource goes from 4-5 years, due to
loopholes in the world.

While the Court to make the analysis and research, the law must follow it fulfilled
without any problem, he said.