Untold Truths: The Exclusion of Enforced Sterilizations from the Peruvian Truth Commission's Report

37 Pages Posted: 23 Sep 2008

See all articles by Jocelyn Getgen Kestenbaum

Jocelyn Getgen Kestenbaum

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: September 21, 2008

Abstract

This Article argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's (CVR's) investigation and Final Report effectively erases state responsibility and greatly decreases the likelihood for justice and reparations for women victims-survivors of state-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this note recounts how healthcare providers violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent through the State's Family Planning Program. It challenges the reasons given by Commissioners themselves for excluding these cases in the Commission's investigation and Final Report and also examines the effects of these omissions. Additionally, this Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry and advocates for a more inclusive investigation and final report for future truth commissions whose goals include truth, accountability and justice for all victims-survivors of state-sponsored violence. Addressing these systematic violations of the fundamental human rights of Peruvian women is particularly important today as the State prosecutes former President Alberto Ken'ya Fujimori, holding him accountable for his alleged acts and omissions in violation of the fundamental human rights of Peruvians during the internal armed conflict. Leaders responsible for the enforced sterilization of more than 200,000 Peruvian women, including Fujimori, must be held accountable for past violations in order to fully realize future reconciliation and justice in Peru.

Keywords: International Human Rights, Women's Rights, Reproductive Rights, Transitional Justice

Suggested Citation

Getgen Kestenbaum, Jocelyn, Untold Truths: The Exclusion of Enforced Sterilizations from the Peruvian Truth Commission's Report (September 21, 2008). Available at SSRN: https://ssrn.com/abstract=1271449 or http://dx.doi.org/10.2139/ssrn.1271449

Jocelyn Getgen Kestenbaum (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States
212-790-0860 (Phone)

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