The Eugenics Board of North Carolina (EBNC) was a State Board of the U.S. state of North Carolina formed in July 1933 by the North Carolina State Legislature by the passage of House Bill 1013, entitled "An Act to Amend Chapter 34 of the Public Laws of 1929 of North Carolina Relating to the Sterilization of Persons Mentally Defective". This Bill formally repealed a 1929 law, which had been ruled as unconstitutional by the North Carolina Supreme Court earlier in the year.
Buck v. Bell, 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled, "for the protection and health of the state" did not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Despite the changing attitudes in the coming decades regarding sterilization, the Supreme Court has never expressly overturned Buck v. Bell. It is widely believed to have been weakened by Skinner v. Oklahoma, 316 U.S. 535 (1942), which involved compulsory sterilization of male habitual criminals. Legal scholar and Holmes biographer G. Edward White, in fact, wrote, "the Supreme Court has distinguished the case [Buck v. Bell] out of existence". In addition, federal statutes, including the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, provide protections for people with disabilities, defined as both physical and mental impairments.
Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:
Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.
Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually done through surgical procedures. Several countries implemented sterilization programs in the early 20th century. Although such programs have been made illegal in most countries of the world, instances of forced or coerced sterilizations persist.
In 1924, the Virginia General Assembly enacted the Racial Integrity Act. The act reinforced racial segregation by prohibiting interracial marriage and |classifying as "white" a person "who has no trace whatsoever of any blood other than Caucasian". The act, an outgrowth of eugenicist and scientific racist propaganda, was pushed by Walter Plecker, a white supremacist and eugenicist who held the post of registrar of Virginia Bureau of Vital Statistics.
Dickerson v. United States, 530 U.S. 428 (2000), upheld the requirement that the Miranda warning be read to criminal suspects and struck down a federal statute that purported to overrule Miranda v. Arizona (1966).
Involuntary treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.
The Alberta Eugenics Board was an agency created by the Alberta government in 1928 that attempted to impose sterilization on a disabled subset of its population, in accordance with the principles of eugenics. It remained active until 1972, when it was dissolved.
Rennie v. Klein, 462 F. Supp. 1131, was a case heard in the United States District Court for the District of New Jersey in 1978 to decide whether an involuntarily committed mental patient has a constitutional right to refuse psychiatric medication. It was the first case to establish that such a patient has the right to refuse medication in the United States.
Reproductive justice is a critical feminist framework that was invented as a response to United States reproductive politics. The three core values of reproductive justice are the right to have a child, the right to not have a child, and the right to parent a child or children in safe and healthy environments. The framework moves women's reproductive rights past a legal and political debate to incorporate the economic, social, and health factors that impact women's reproductive choices and decision-making ability.
Compulsory sterilization in Canada has a documented history in the provinces of Alberta, Saskatchewan, and British Columbia. It is still ongoing as in 2017, sixty Indigenous women in Saskatchewan sued the provincial government, claiming they had been forced to accept sterilization before seeing their newborn babies. In June of 2021, the Standing Committee on Human Rights in Canada found that compulsory sterilization is ongoing in Canada and its extent has been underestimated.
Eugenics, the set of beliefs and practices which aims at improving the genetic quality of the human population, played a significant role in the history and culture of the United States from the late 19th century into the mid-20th century. The cause became increasingly promoted by intellectuals of the Progressive Era.
The Virginia State Colony for the Epileptics and Feeble Minded was a state run institution for those considered to be “Feeble minded” or those with severe mental impairment. The colony opened in 1910 near Lynchburg, Virginia, in Madison Heights with the goal of isolating those with mental disabilities and other qualities deemed unfit for reproduction away from society. The colony was the home of Carrie Buck, the subject of the landmark Supreme Court case Buck v. Bell.
This disability rights timeline lists events relating to the civil rights of people with disabilities in the United States of America, including court decisions, the passage of legislation, activists' actions, significant abuses of people with disabilities, and the founding of various organizations. Although the disability rights movement itself began in the 1960s, advocacy for the rights of people with disabilities started much earlier and continues to the present.
Eugenics in California is a notable part of eugenics in America. As an early leading force in the field of eugenics, California became the third state in the United States to enact a sterilization law. By 1921, California had accounted for 80% of sterilizations nationwide. This continued until the Civil Rights Movement, when widespread critiques against society's "total institutions" dismantled popular acceptance for the state's forced sterilizations. There were an estimated 20,000 forced sterilizations in California between 1909 and 1979; however, that number may be an underestimation. In 2021, California enacted a reparations program to compensate the hundreds of still living victims from its eugenics program.
The Virginia Sterilization Act of 1924 was a U.S. state law in Virginia for the sterilization of institutionalized persons "afflicted with hereditary forms of insanity that are recurrent, idiocy, imbecility, feeble-mindedness or epilepsy”. It greatly influenced the development of eugenics in the twentieth century. The act was based on model legislation written by Harry H. Laughlin and challenged by a case that led to the United States Supreme Court decision of Buck v. Bell. The Supreme Court upheld the law as constitutional and it became a model law for sterilization laws in other states. Justice Holmes wrote that a patient may be sterilized "on complying with the very careful provisions by which the act protects the patients from possible abuse." Between 1924 and 1979, Virginia sterilized over 7,000 individuals under the act. The act was never declared unconstitutional; however, in 2001, the Virginia General Assembly passed a joint resolution apologizing for the misuse of "a respectable, 'scientific' veneer to cover activities of those who held blatantly racist views." In 2015, the Assembly agreed to compensate individuals sterilized under the act.
Sterilization law is the area of law, within reproductive rights, that gives a person the right to choose or refuse reproductive sterilization and governs when the government may limit this fundamental right. Sterilization law includes federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated and are still good laws, in whole or in part, in each jurisdiction.
Minnie Lee and Mary Alice Relf are two African-American sisters who were involuntarily sterilized by tubal ligation by a federally funded family planning clinic in Montgomery, Alabama in 1973. News coverage of a class-action lawsuit filed by the Southern Poverty Law Center brought the fact of U.S. government-funded sterilization abuse to the national spotlight.
Sterilization of Latinas has been practiced in the United States on women of different Latin American identities, including those from Puerto Rico and Mexico. There is a significant history of such sterilization practices being conducted involuntarily, in a coerced or forced manner, as well as in more subtle forms such as that of constrained choice. Forced sterilization was permissible by multiple states throughout various periods in the 20th century. Issues of state sterilization have persisted as recently as September 2020. Some sources credit the practice to theories of racial eugenics.
William D. Partlow Developmental Center, also known as the Partlow State School and Hospital, was a state school for people with mental disabilities, primarily intellectual and developmental disabilities in Tuscaloosa, Alabama, USA. It was operated by the Alabama Department of Mental Health. It was the last such full-sized facility operated by the State of Alabama and closed in 2011.
