Council of Europe Human Rights Commissioner asks Czech Republic to extend the deadline for compensating forcibly sterilized women
The Council of Europe's Commissioner for Human Rights, Michael O'Flaherty, has written to Czech constitutional officials asking them to extend the law on one-time compensation for those who have been sterilized without their informed consent. In his letters addressed to the presidents of both chambers of Parliament, Senator Miloš Vystrčil and Deputy Markéta Pekarová Adamová, and a letter addressed to Prime Minister Petr Fiala, O'Flaherty points to deficiencies in the application of the law.
Extending the law is meant to ensure all victims are able to effectively enjoy their right to compensation. The systematic performance of contraceptive sterilization was introduced by a directive from the Health Ministry in 1971.
In 1973, the state made it possible to financially motivate women to undergo the surgery. In 1978, the Charter 77 dissident organization published a document criticizing the position of Romani people in society where the first mention was made of such sterilizations being performed under duress.
The European Roma Rights Centre (ERRC) then came forward with suspicions that forced sterilization, primarily of Romani women, was persisting despite the fact that financial incentives were no longer being offered by the state. Dozens of women then turned to the ombudsman and some also sued in court.
Victims have been able to seek compensation since 2022 under a law that is meant to expire on 1 January 2025. “After this date, victims of forced sterilization between 1966 and 2012, mostly Roma women, will no longer be entitled to claim compensation,” O’Flaherty warns the constitutional officials in the letters made available to news server Romea.cz.
Czech Justice Minister Pavel Blažek and Czech MP Eva Decroix (both Civic Democratic Party – ODS), as well as Czech MP Helena Válková of the opposition Association of Dissatisfied Citizens (ANO) movement have filed a bill to extend the deadline by which to apply for compensation for such illegal sterilizations by two years. O’Flaherty reminded the Czech authorities that his predecessor Dunja Mijatović expressed several concerns following her country visit to the Czech Republic in 2023 over how the compensation procedure is functioning.
Barriers in access to compensation according to the Commissioner for Human Rights of the Council of Europe
The Commissioner drew attention to several problems complicating the victims’ access to redress:
- The lack of a clear methodology for assessing claims, especially in cases where medical records no longer exist.
- The excessive burden of proof placed on the victims.
- Insufficient human resources and expert support needed for the Ministry of Health, which is delaying the process of assessing requests.
Specifically, those concerns were that the methodology for assessing the claims is unclear, that the victims bear a disproportionate share of the burden of proof, and that there is a lack of human resources and expert support for the Health Ministry, which is processing these claims. Mijatović had also recommended considering extending the compensation mechanism and therefore also the relevant law.
O’Flaherty writes that the courts have identified flaws in the compensation procedure and its application, mainly related to the threshold of evidence required and the burden of proof imposed on victims. “I have also received reports that victims who applied for compensation at an early stage were in a less favorable position than those who applied later. This was due to the developing case-law of the courts overturning negative decisions of the Ministry of Health, thereby providing additional legal guidance to the ministry,” emphasizes O’Flaherty in the letter sent to the presidents of both chambers of Parliament and Prime Minister Fiala.
“In light of the above, I respectfully ask you to use your powers to urgently initiate legislative changes to extend the law for a period sufficient to ensure access to all victims,” the Council of Europe Commissioner for Human Rights wrote to Fiala and the presidents of both chambers of Parliament, recommending the elimination of the procedural flaws outlined in his letter and expressing the conviction that the Czech authorities will continue to consult with and involve the victims and relevant organizations on this. Women who were subjected to these surgeries between 1 July 1966 and 31 March 2012 without freely deciding to undergo them and without being informed as to their repercussions can receive a one-time payment from the state of CZK 300,000 [EUR 12,000].
The Health Ministry has registered more than 2,000 claims; when the law was written, an estimated 400 people were expected to apply. So far about 700 claims have been awarded compensation.
