ABSTRACT
This chapter considers the construction of women in, what might loosely be described as, the two opposing views: the anti-sterilisation, pro-motherhood stance of the Canadian courts; and, the more individualised, pro-sterilisation stance of the English and Australian judiciary. It shifts the focus in a way which is more centred on the reality, rather than the stereotype, of the women involved, asserting an understanding which is broadly feminist in nature. Other jurisdictions, notably England and Australia, have adopted a more flexible policy, allowing non-consensual sterilisation if it is in best interests of the woman involved. A subjective test involving the criteria of best interests will inevitably provide an opportunity for assumptions to masquerade as facts and language of care and concern to mask indifference to and acceptance of discriminatory attitudes and practices. The area of non-consensual sterilisation reveals a good deal about the ways in which assumptions are imposed on a legal issue so as to predetermine resolution of issue.
