Czech Chamber of Deputies passes extension of deadline for compensating those who have been illegally sterilized

The change is part of wider amendments to the law on public health insurance. It is responding to the fundamental shortcomings in the execution of Act No. 297/2021, Coll., which has provided victims of illegal sterilizations with a way to apply for a one-time compensation payment in the amount of CZK 300,000 [EUR 12,000].

The three-year period for requesting such compensation came to an end on 2 January 2025. Those submitting the bill to the lower house warned that so far the Health Ministry has been making different kinds of decisions for cases with the same or similar facts, and what’s more, has required the submission of evidence which is, for many of the applicants, inaccessible in practice.

The case-law of the Supreme Administrative Court, which underwent significant developments toward the end of the three-year timeframe, has emphasized that original medical records of these surgeries cannot be the sole evidence used for these decisions – eyewitness testimonies and other supporting documents can also be taken into account. The court has found that the burden of proof must not rest exclusively on the victims and that the aim of each proceeding is to redress the state’s wrongdoing, not to approach the evidence formalistically.

If signed into law, the deadline extension would, therefore, not just make it possible for new applicants to take advantage of the more favourable terms arising from the development of this case-law, but would also make it possible for those whose applications were previously rejected to reapply. Many people have decided not to apply, or have applied unsuccessfully, exactly due to those strict evidentiary requirements and inconsistent ministerial practice.

According to information received by news server Romea.cz, more than 2,300 compensation requests have been submitted. As of 22 April 2025, 889 persons have been awarded compensation, 574 requests have been rejected, 283 proceedings have been suspended, and 591 cases have yet to be decided.

If the law passes the Senate and is signed by President Pavel, victims will have an opportunity to request compensation until the end of 2026. The most recently recorded case of forced sterilization reported to human rights defenders dates to 2007.

The problem was publicly raised in 2004 thanks to the European Roma Rights Centre, when dozens of women, predominantly of Romani origin, turned to the Public Defender of Rights and subsequently to the courts for compensation for these human rights abuses.