eugenics – UAB Institute for Human Rights Blog

Eugenics: How the Remnants of a Bygone Theory Threaten Personal Liberty Over a Century Later

by Sumaira Quraishi

Trigger warnings: rape, invasive medical procedures, and medical malpractice.

Often, the Supreme Court of the United States is seen as a paragon of the American legal system and the national values it strives to uphold. At least, it used to be. While trust in the sanctity of the Supreme Court has recently been broken over controversial political issues, the Supreme Court is no stranger to making unfavorable and borderline unconstitutional rulings in cases brought before the justices at the time. While this is to be expected, with the court switching from conservative to liberal-dominant every so often, some cases seem to concern unalienable human rights that have been denied by the court, as expected of a supposed higher authority that is ultimately, and always will be, a product of its time. In 1927, Carrie Buck learned just how fallible the highest court in the American legal system could be when infiltrated with an ideology eventually perpetuated by the Nazi party during World War I.

Image shows Jewish prisoners in their barracks at the Nazi concentration camp Auschwitz. — Jewish prisoners at Auschwitz. Source: Yahoo Images.

The Birth of Eugenics

Surprisingly, and perhaps horrifyingly, eugenics was not the child of oppressive or violent regimes, but the culmination of centuries of scientific research and racism woven together and spread through communities worldwide during the early 20th century. Eugenics was a theory created to exterminate certain people who were not considered mentally fit, genetically clean, or conventionally attractive. The ones who decided the people that fit into these categories usually were ones in positions of power or influence in society: doctors, politicians, and scientists. Favored methods for perpetuating eugenics were forced sterilization, societal segregation, and social exclusion, all of which seem to be methods straight out of the time of slavery where eugenicists drew inspiration and justification for eugenics.

In the modern age, there is a laser-like focus on women’s rights to not have a child, and while this pursuit of maintaining women’s rights is justified, for many vulnerable men and women today the fight for the right to have a child is just as in need of attention. An old theory about the superiority of white, able-bodied people may seem like one to be thrown into the history books and mentioned alongside other conventionally shunned snippets of history in the modern discourse, however, eugenics never truly went away.

Eugenics Still Lingers

Overshadowing lives today as a phantom of the eugenics school of thought, a forgotten Supreme Court case in 1927 named Buck v. Bell led to the codification of sterilizing those deemed “feeble-minded” and genetically inferior by people in positions of power into law. Carrie Buck was a woman who resided in a mental institution and became pregnant after being raped, resulting in staff at the asylum taking acute notice of Buck. Doctors and directors at the asylum were firmly entrenched in the eugenics culture sweeping across America and firmly believed Buck should not be allowed to carry to term. These men took the stand that Buck should be forcibly sterilized to prevent her genes from being passed on, and the Supreme Court was in full agreement, with the justification for the ruling against Buck being that she had a history of mental illness back to one of her grandmothers and being sterilized would protect the goodness of society by keeping “feeble-minded” and “promiscuous” people from reproducing.

Not only is Buck v. Bell an appalling ruling that trod on the constitutional rights of Buck, but it also opened the door for forced sterilization procedures to continue without secrecy and, chillingly, has never been overturned. An old legal case from the 1920s may seem like something to be stored away in textbooks and forgotten, yet, eugenics practices in the form of forced sterilizations are happening today

In California between 2006 and 2010, almost 150 women in two different prisons were given hysterectomies without their consent or legal documentation authorized by the state, with 100 suspected cases of sterilization dating back to 1997 uncovered as well. Furthermore, in 2017 a Tennessee judge offered to reduce prison sentences by 30 days for any inmate who signed up to receive a birth control implant or a vasectomy. The latest case of eugenics rearing its head in American practices was in 2020 when it was revealed that hysterectomies were being performed illegally on women in the U.S. Immigration and Customs Enforcement (ICE) detention centers. These cases are not the only ones concerning the continued use of forced sterilizations to prevent incarcerated or institutionalized individuals from having the right to choose to have a child, with many more subject to the archaic practice who have yet to have their story told. These practices are considered morally reprehensible by the general public but can trace their roots to eugenic procedures approved by the Supreme Court in a case that was challenged but never overturned, and some laws approving the use of sterilizations are still in existence in states such as Virginia.

Image shows an empty cell area of a prison. — Prison. Source: Yahoo Images.

What Can Be Done

Fighting a system that has failed a large portion of the American population, and pushing for a Supreme Court ruling to be overturned when the nation’s political climate seems fit to burst with elections on the horizon can seem incredibly intimidating. These thoughts are not unfounded, but what government bodies forget is that their power comes from their people and constituents. Harmful practices can be challenged with public favor and fervor. Staying informed on what influences modern atrocities like Buck v. Bell and knowing that the majority of the population supports upholding the 14th Amendment protecting civil liberties keeps people motivated to improve the lives of their fellow Americans. Leaving Buck v. Bell as a precedent in U.S. law allows for unprotected groups of individuals who are incarcerated or institutionalized to be at heightened risk of human rights abuse, and while forced sterilization is morally reprehensible, the law does not currently outline sterilization as illegal since the Supreme Court ruling remains standing. Reaching out to local or state politicians is an option for those who want to appeal hurtful laws, and a less intimidating option is to join advocacy groups whose views align with your own.

For more information on another situation involving eugenic practices ruining the lives of nonincarcerated individuals, the case of a fertility doctor who artificially inseminated dozens of his clients with his sperm and remains free from jail can be found here.

Eugenics in Peru

Many people don’t know what the eugenics movement is. Others know what it was, but think it was restricted to Germany’s sterilization—or making people unable to reproduce—of millions of people they saw as unfit: Jews, people with mental and physical disabilities, and the LGBTQ community, among others. However, Germany was not the first or the last to sterilize certain citizens in an attempt to “better the gene pool”; the United States’ policies actually inspired Hitler’s eugenic goals. After WWII, the United States publicly condemned sterilization and eugenics, but the last forced legal sterilization in the country wasn’t until 1981.

Eugenics has operated as a science of improving humans, whereby the procreation of the people deemed fit is promoted and procreation of those deemed unfit is limited. Proponents of eugenics believe nature wins in the nature vs nurture fight; if you’re born into poverty, it’s because you have a gene that’s keeping you there. Throughout history, the groups of people that were deemed unfit were those in low socioeconomic groups, minorities, and epileptics, most of which were women—basically, the people that didn’t fit the mold. They did this under the broad and vague diagnosis of “feebleminded”.

While the sterilization of poor and minority women in the United States is over, eugenics still goes on today. There are groups of people targeted by the modern eugenics movement—one of which is indigenous people. In Peru, almost 300,000 people—mostly poor, indigenous women living in rural areas—were sterilized between 1996 and 2000. Most of these sterilizations were forced or coerced, and some even led to death.

Then President Alberto Fujimori ran on a campaign of expanding health care and lowering poverty rates. However, instead of providing contraceptives to indigenous women, doctors forced sterilizations on them. Fujimori claims that doctors that forcibly sterilized women were not following the strict regulations that were put in place to prevent these occurrences. However, many of the doctors who performed these sterilizations have revealed they were given quotas to fulfill: “Dr. Hernando Cevallos… received an order to sterilize 250 women in 4 days in 1997.”

There were many ways doctors reached their quotas. Some sent public health officials to the homes of women with large families and pressured them to be sterilized even if they wanted more kids. For example, officials visited Gloria Basilio multiple times until she finally agreed. When she changed her mind in the operating room, they restrained and blindfolded her so they could continue with the surgery. Some of these women are illiterate or don’t speak Spanish at all, so the officials took advantage of that and got them to sign the consent forms without them understanding the procedure. Other officials never tried to get informed consent. Women have been pressured to be sterilized moments after giving birth.

These women have been affected in a far greater way than just being unable to have children. One woman had serious medical complications, which were written off by the doctors. She died less than two weeks later at home. She is not the only woman to have sterilization disable or kill her.

Aside from medical complications, they also experience social and mental complications as a result. In the indigenous culture, women are expected to have many children, and women who have been sterilized can no longer serve that purpose. These women can lose a sense of purpose in themselves and also lose the people close to them who were counting on them to have children. Maria Elena Carbajal, a woman who was pressured into a sterilization after giving birth at the hospital, lost her husband because he thought she had willingly been sterilized so that she could be unfaithful without consequences. She found another partner, but he also left her because she could not provide kids. Additionally, these women have to face the fact that they will never have more children—while some will have none at all. Florentina Loayza was only 19 years old when she was forcibly sterilized. She hadn’t had kids, but she wanted some, and she often felt “a deep sadness” whenever she saw a baby.

Another profound impact this has on many women is their connection with religion. Some religions, Catholicism included, believe that sterilization is a sin and that those who have been sterilized, voluntarily or not, have sinned. Justina Rimachi was told by nuns that she could no longer come to church because she had been sterilized. The stigma felt within the walls of a place that felt like home were only relieved by the forgiveness from the priest. He did not tell her it was not her fault, but he did not tell her to leave, so she was grateful.

The crimes against these women were atrocious, and luckily, they are starting to receive attention. In November of 2000, Fujimori stepped down after ten years of presidency. It wasn’t until 2009 that he was arrested and sentenced for some of his crimes, but none of them were for the sterilizations that occurred under his regime.

Some women and their families have received settlements and the Peruvian state promised in 2003 to conduct investigations. However, the Peruvian state continues to deny that the government had a part in the forced sterilizations. They blame instead the public health officials and medical practitioners. To this day, the Peruvian government, which is no longer under the control of the Fujimori regime, has not issued apologies or reparations to the survivors and their families.

While the government continues to deny its role in the sterilization of indigenous people, activists and human rights organizations are trying to call global attention to these injustices. One group, The Quipu Project, has used a free telephone service to collect the stories of over 150 people who have been sterilized, and the number continues to grow. You can hear these stories on their website in Spanish and in English. Not only is this campaign used to bring international awareness to this issue, but these stories are also being used by people fighting for justice within Peru.