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State and Local Government Law Commons

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Health Law and Policy

Cleveland State Law Review

1961

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Full-Text Articles in State and Local Government Law

Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff Jan 1961

Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff

Cleveland State Law Review

Since sterilization is a drastic remedy and generally a permanent infringement of bodily integrity, those affected by laws authorizing it are entitled to every reasonable precaution. Thus far they have not been adequately protected. The sterilization of persons without legal authorization, before testing the constitutionality of the laws, sterilization under unconstitutional laws, and the lack of representation by counsel, are all clear illustrations of this disregard of rights. The fact that scientific opinion differs as to the value of sterilization certainly indicates that the merits of this type of legislation should be re-evaluated.