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Sterilisation (Hereditary Diseases) Case [Germany, Superior Court of Racial Health of Berlin.]

International Law Reports Cited in Precedent Map Related
Vincent
Docket NumberCase No. 121
Date20 Enero 1938
CourtObsolete Court (Germany)
Germany, Superior Court of Racial Health of Berlin.
Case No. 121
Sterilization (Hereditary Diseases) Case.

Aliens — Position of — Subjection to Local Law — In the Matter of Health Laws — Order for Sterilization of Non-Resident Aliens under Health Laws — German Legislation.

The Facts.—The appellant, a domestic servant employed in England, travelled through Germany on the way to her home in a country bordering on Germany. She broke her journey in Berlin, where her demeanour attracted attention. The medical authorities ordered her transfer to an asylum. The Court of Racial Health ordered the compulsory sterilization of the appellant in accordance with the Law for the Prevention of Hereditary Diseases of July 14, 1933, on the ground that she was suffering from schizophrenia. Upon appeal.

Held: that the decision of the Court of Racial Health must be reversed. The Court said: “The appellant is an alien. The principle that aliens, while sojourning in Germany, are subject to German laws, applies also, in the opinion of courts and writers,1 to the Law for the Prevention of Hereditary Diseases. Even if the Law itself does not contain any provisions regarding the sterilisation of aliens, the purpose of the Law, which aims at maintaining the health of the German people, leads the court to the conclusion that aliens suffering from hereditary diseases must be sterilised if they are domiciled or permanently resident in Germany. For the purpose of the Law would be impeded if numerous aliens who are permanently resident in Germany could, without restrictions, transmit to their descendants the hereditary diseases from which they are suffering, especially seeing that these descendants...

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