The Commission for Gender Equality (CGE) has recommended petitions to the SA Law Reform Commission to amend legislation to ensure consent was properly obtained for sterilisation procedures for women.

This comes after it sampled 15 hospitals in KZN and Gauteng, where complaints of HIV-positive women being forced to undergo sterilisation were lodged, reports News24.

'We think that forced and/or coerced sterilisation on women living with HIV is a violation of fundamental human rights. This to us, the CGE, is pure discrimination,' CGE chairperson Tamara Mathebula said.

The CGE received a complaint in March 2015 from the Women's Legal Centre on behalf of Her Rights Initiative and the International Community of Women living with HIV. After sampling hospitals, including Tambo Memorial Hospital in Boksburg, Tembisa Hospital, Edenvale Hospital, Prince Mshiyeni Hospital in Umlazi, Addington Hospital in Durban and the General Justice Gizenga Mpanza Regional Hospital (formerly Stanger Hospital) in Durban, it found that the complainants had their right to quality and freedom from discrimination violated.

'The practice further violated the complainants' right to dignity, bodily integrity and freedom and security over their bodies. In addition, the right to the highest attainable standards of health including sexual and reproductive rights were violated.'

It further found that complainants were not provided with adequate knowledge on the sterilisation procedure before being asked to consent, thus violating their right to information.

Medical staff breached their duty of care to the women, they said.

The CGE has referred its report to the Health Professions Council, the Nursing Council and the National Department of Health.

The body also made several recommendations which include petitions to the SA Law Reform Commission for amendment to legislation.

Full News24 report

CGE report on forced sterilisation