GI [2023] QCAT 122
Item
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Title
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GI [2023] QCAT 122
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Date
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February 6, 2023
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Summary
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This matter concerned a woman with an intellectual disability on behalf of whom consent was sought for a hysterectomy to mitigate an increased risk of cancer. In having regard to her right to recognition before the law, freedom of movement and privacy, and protection from inhuman or degrading treatment, the Tribunal found that limits were reasonable and justified in consenting to the hysterectomy.
This matter concerned applications for guardianship and administration, and for consent to a hysterectomy for a 35 year old woman with an intellectual disability in circumstances where an increased risk of cancer led to a recommendation for a hysterectomy and where she had expressed a desire to have a hysterectomy.
The Tribunal confirmed that the applicant’s limited capacity did not limit her human rights and freedom, as per s 11(b) of the Human Rights Act 2019 (Qld), which were to be recognised and considered: at [14]. In accordance with their requirement under section 48 of the Human Rights Act 2019 (Qld), the Tribunal considered relevant human rights including the applicant’s rights to equal recognition before the law (s 15), freedom of movement (s 19) and privacy (s 25) and protection from inhuman or degrading treatment (s17): at [31]. The Tribunal was satisfied that the limits imposed by the orders were reasonable and justified in consenting for the application to undergo sterilisation, in the least restrictive manner based on the information before it: at [31].
