Nature of the Case
Three Namibian women sued the Government of the Republic of Namibia alleging that they were subjected to coerced sterilization immediately after giving birth via Caesarean section. The women alleged constitutional violations, lack of informed consent, and discrimination based on their HIV-positive status. The High Court ruled in favor of the women in 2012, and ordered damages. The Namibian government appealed the ruling to the Supreme Court, which upheld the decision of the High Court on November 2, 2014. The court found that the women did not give informed consent for the sterilizations because they were going through labor pains and could not adequately weigh their options, but found that the women had not demonstrated that the decisions to sterilize them had any relation to their HIV-positive status. The women were supported by the Namibian Women’s Health Network (NWHN), the Legal Assistance Centre (LAC) and the Southern Africa Litigation Centre (SALC).
