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Photo: Yiğit KARAALİOĞLU
Hysterectomies and tubal ligation were the two main sterilization methods used.
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Read More »Native American women were not the only individuals to be subjected to forced sterilizations; black and poor women were also affected by these practices.[16] The practice of eugenics stemmed from Francis Galton's writings on using genetics to improve the human race.[17][18] The eugenics movement became increasingly popular, and in 1907, Indiana was America's first state to enact a compulsory sterilization law.[18] The practice became normalized and over the next twenty years fifteen more states would enact similar laws.[18] In 1927, the Supreme Court case Buck v. Bell upheld a compulsory sterilization law in Virginia. The case involved three generations of women from the Buck family: Emma, Carrie and Vivian. By examining multiple generations of women from the same family, advocates for eugenics hoped to convince the Court that Carrie Bell had intellectual deficiencies that were hereditary and a danger to public welfare; they succeeded, and she was sterilized. Oliver Wendell Holmes' decision stated, "it is better for all the world if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sanctions compulsory vaccination is broad enough to cover cutting the Fallopian tubes."[18] The case had the effect of legitimizing existing sterilization laws, resulting in greater acceptance of the practice. During the 1960s and 70s as sterilization practices increased there was no legislation that prohibited it and it was seen as a viable form of contraception.[19][20][18] In the 1974 case Relf v. Weinberger, a district court found that Department of Health and Human Services regulations on sterilization were "arbitrary and unreasonable" because they failed to adequately guarantee the consent of the patient.[7] This case was part of a growing awareness during the 1970s that abuse of sterilization procedures was becoming a serious problem. Among other facts revealed in the case, it was found that 100,000 to 150,000 people were sterilized every year using money from federally funded programs. Exposure from the case resulted in recognition that the poor and minorities were at risk of being targeted for sterilizations they did not consent to, and this led to the legal requirement that informed consent be received before the operation.[21]
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Read More »One important distinction is between doctors who worked for the IHS directly and other doctors who performed sterilizations through a contractual arrangement with the IHS. For IHS doctors, there was no financial incentive to perform sterilizations,[18] and therefore other considerations likely played the primary role. Doctors under contract were paid more when they sterilized women instead of giving them oral contraceptives, making a financial incentive more plausible.[29] Even though there was no financial incentive for the IHS doctors to recommend sterilization, as previously discussed, sterilization was seen as the ideal form of contraception for Native American patients during the 1960s and 1970s.[20] IHS doctors had mostly Protestant and middle-class views of family planning, with an emphasis on a nuclear family containing a small number of children.[18] The presumption that Native American women desired the same family structure as middle class white Americans helped make sterilization abuse possible.[18]
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