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Is Cash Alone Enough for Forced Sterilization Victims?

Is Cash Alone Enough for Forced Sterilization Victims?

North Carolina made headlines this year with its commitment, after ten years of discussion and deliberation, to compensate the victims of forced sterilization in the 20th century. The state’s decision could have major repercussions, as contrary to what one might expect from the parity of coverage in the news, North Carolina wasn’t the biggest offender in the era of widespread forced sterilizations: that honor goes to California, which performed 1/3 (20,000) of the estimated 60,000 forced sterilizations between the early 1900s and the 1960s. (Virginia came in second, with a little over 8,000 sterilizations.) Those states could be held equally accountable in coming years, requiring a substantial cash payout.

But is a cash settlement enough?

The state has identified 3,000 living victims as of this year, and intends to divide $10 million amongst them as compensation for pain and suffering. However, this is not a situation like a classical tort case: if your tree falls on a neighbor’s house, you can pay to replace the house, but how do you put a cash value on a deed committed by the state that forever changed someone’s life?

Most victims of forced sterilizations were low-income members of the community, and many lived in residential institutions. North Carolina invested considerable energy in sterilizing poor people of color, although numerous low-income white youth (forced sterilization was especially common for people in their teens and early twenties) were victims as well.

Of course, North Carolina, like other states, heavily sterilized disabled wards of the state in the belief that they shouldn’t be allowed to reproduce. All of these sterilizations were performed with the approval of a board of people who supposedly reviewed applications for sterilization put forward by doctors, parents, guardians and officials, but the board didn’t apply anything resembling modern bioethics to these decisions.

Many patients weren’t told what the surgery they were ordered to undergo was for, let alone asked for consent. Many women were sterilized during labor and delivery without their knowledge. Men and women only found out about their sterilization later, when they went to have children and began struggling with infertility. Years later, the legacies of sterilization still echo: the devaluation of low-income communities, the sense of loss among survivors, and the anger among their communities at the way they were treated.

In the face of the tremendous social and personal impact of sterilization, is money enough? Some advocates argue that it’s not, and look for a more complete and reparative system of justice, acknowledging at the same time that there’s no way to undo the harm that has been done. The focus may need to include concrete evidence that the state will not participate in forcible sterilization again (mass or otherwise) and that it understands this critical part of its history.

One element of such a program should include an extensive historical archive, one that carefully preserves documents relating to sterilization along with the personal stories of its victims. This can ensure that their voices will continue to be heard and their stories will be told even after they’re gone, creating a living history lesson for the state to keep in mind. The existence of a library of resources on eugenics would be quite valuable to scholars, bioethics committees, and others interested in the history of eugenics and the state’s role in it.

Criminal prosecution is also an option. As officials, medical practitioners and other key players from the era gradually die off, now more than ever is the time to evaluate opportunities for criminal and civil prosecutions of parties who forced sterilization on the residents of North Carolina. Holding them accountable for their crimes is critical, as is sending a clear message to the state as a whole that the government is ready to take responsibility for its role in mass sterilization, and it wants to prevent this crime from occurring again. Truth commissions could become another component of the plan, providing an opportunity to hear evidence in a public forum and issue rulings.

Like other states, North Carolina also desperately needs institutional reform. Forcible sterilization is not a thing of the past, as recently illustrated in California, and states need better controls and preventions to ensure that reproductive freedom is protected for all residents.

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DeJarnette Sanitarium photo credit: Matt Boyd.

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59 comments

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3:04PM PDT on Oct 23, 2013

How is sterilization a bad thing? We need more of it!

7:33AM PDT on Oct 23, 2013

How much hardship they have saved the kids who would have been born???/

but then no one think of that!

3:33AM PDT on Oct 23, 2013

forget the cash just prosecute annd punish those perpetrating these crimes including the banksters who gave the orders then we may see a demise in crimes like this in the future

2:55PM PDT on Oct 22, 2013

I hope this doesn't continue to be an issue.

12:57PM PDT on Oct 22, 2013

Nothing will repair this damage. I truly hope that the victims of these crimes fine peace.

7:17PM PDT on Oct 21, 2013

ty

3:07PM PDT on Oct 21, 2013

Ironic that they punished poor women by forced sterilization back then; and punish them by FORCED BIRTH today.

2:56PM PDT on Oct 21, 2013

the problem is the coercion and then playing god NOTHING should be done to anyone without full knowledgeable consent! Nothing

4:04AM PDT on Oct 21, 2013

Continued m below: they'll have to wonder why states that once were eager to sterilize women who' prospects of becoming successful parents had been judged slim to none are now even more eager to declare that women taking the pill voluntarily are committing murder. Part of what should have been included in welfare reform was a policy that punitive towards women who had another baby while on public assistance but made it easy to get norplant , a tubal ligation or an abortion. Unfortunately, by the 90s, the Evangelicals had become far too important a part of the GOP base, so encouraging women to end pregnancies when they couldn't take care of the kids they already had was out of the question.

3:55AM PDT on Oct 21, 2013

None of these women can be 'compensated' for what was done, and the couple who they've trotted out to do interviews were truly wronged - they weren't criminals or 'mental defectives', they were teenagers who'd gotten pregnant, had their babies taken by the state and were sterilized without being told what the procedure they were undergoing actually was. Having said that, what everyone is forgetting is the point made very well by Bill C - that most of these occurred in mental institutions prior to the debut of the pill. Those of you too young to remember the state institutions with literally thousands of patients prior to the advent of the antipsychotic drugs really can't comprehend what states were up against. There is a heritability factor with mental illnesses, and in a country with a lot of orphanages full of kids waiting for adoption, preventing the births of babies who no one would want to adopt is not evil. What people are also forgetting is that we didn't have welfare and all of the programs and personnel that support poor women and children throughout the history of most of these sterilization protocols. I'm sorry, but it was a different world.

Yes, give them a little money and a formal apology, and include it in your state history curriculum. Don't sweep it under the rug; tell the whole story. It would be a good thing for students to know that women's uteruses have long been subject to state interference; they'll have to wonder why a state that used to ste

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Kathleen J. Kathleen is currently the Activism Coordinator at Care2. more
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