Slovakia: Illegal sterilization of Romani women
Joint Statement of
Amnesty International, London, U.K. Center for Reproductive Rights, New York, U.S. European Roma Rights Center ,
Budapest, Hungary Human Rights Watch, New York, U.S. International Helsinki Federation for Human Rights, Vienna, Austria
Konzorcium Urobme to (Consortium Let's Do It), Bratislava, Slovakia Ludia proti rasizmu (People Against Racism),
Bratislava, Slovakia Poradòa pre obèianske a ludské práva (Center for Civil and Human Rights), Košice, Slovakia
Slovenský helsinský výbor (Slovak Helsinki Committee), Bratislava, Sovakia
on the Issue of Illegal Sterilization of Romani Women in Slovakia
In January 2003, the Slovak Government Office of Human Rights and Minorities filed a criminal complaint to investigate
illegal sterilization practices against Romani women. The complaint was in response to the testimonies contained in the
report Body and Soul: Forced Sterilization and Other Assaults on Roma Reproductive Freedom in Slovakia, published by the
Center for Reproductive Rights and Poradòa pre obèianske a åudské práva. A press release issued by the same office on
January 28, 2003, also noted that criminal proceedings would commence against the authors of the report under the Slovak
Criminal Code for failure to inform law enforcement authorities of criminal activities if the findings of the report
were found to be true and for "spreading of false rumors and creating panic in society" if the findings of the report
were found to be false.
On June 23, 2003, the Slovak government reported to the Parliamentary Assembly of the Council of Europe on the steps
undertaken by the Slovak authorities to address these violations. The report informed the Parliamentary Assembly of the
criminal and administrative investigations being conducted into allegations of forced and coerced sterilization in
Slovakia and stated the Slovak government's assurance that it will not pursue criminal proceedings against the authors
of Body and Soul.
The NGOs listed above urge the Slovak government to address key problems regarding the investigative process and
recommend the formation of an independent commission of inquiry into allegations of illegal sterilization.
Complaint Against Human Rights Defenders
Amnesty International, the Center for Reproductive Rights, the European Roma Rights Center, Human Rights Watch, the
International Helsinki Federation for Human Rights, Konzorcium Urobme to, Ludia proti rasizmu, Poradòa pre obèianske a
åudské práva and Slovenský helsinský výbor (hereinafter "we") welcome the Slovak government's recognition of the
internationally protected right of human rights defenders to document and report violations and to engage in the
promotion and protection of human rights, as evidenced by its decision not to pursue the criminal complaint against the
authors of Body and Soul. By attacking those who defend the interests of Romani women and by implying that the Romani
women's testimonies in Body and Soul are false, the criminal complaint against the authors of Body and Soul had the
effect of intimidating and threatening the Romani community. It is very likely t We call on the Slovak government to
ensure, through affirmative publicity, that the Romani community is fully aware that the criminal complaint against the
authors of the report will not be pursued.
Criminal Investigation
The launch of the investigation into illegal sterilization practices is a positive response by the government. The
manner in which the criminal investigation is being conducted, however, has been problematic in the following respects:
it appears to have reached hasty conclusions before investigating all relevant crimes in connection with sterilization,
ignored key evidence, including absence of informed consent, and has created an intimidating atmosphere for victims that
has tended to dissuade them from coming forward. The investigation must be impartial and thorough and must respect the
rule of law.
Thus, we call on the Slovak law enforcement authorities to: - Investigate all cases of alleged illegal sterilization
throughout the post-communist period, including in all hospitals throughout the country;
- Investigate all relevant crimes in connection with cases of alleged illegal sterilization, including those violations
related to the rights to health care, bodily integrity and reproductive self-determination;
- Examine the circumstances under which consent was given and not rely solely on a signature as evidence of consent.
According to international standards and international medical associations, a signature alone is not de facto evidence
of full and informed consent and there is no immediate threat to health that would require a doctor to perform
sterilization without the full and informed consent of the patient; and
- Criminally prosecute those responsible for violations, including, but not limited to, all cases where sterilizations
were preformed on minors without the consent of the legal guardian as required by Slovak law.
We welcome the commitment of the Slovak government to carry out the investigation with 'ethnic sensitivity,' as reported
to the Parliamentary Assembly of the Council of Europe, and urge it to proceed with the investigation in a manner that
respects the rule of law, including the rights of victims to be treated with dignity.
Commission of Inquiry
Slovakia must confront the past and present illegal sterilization practices in order to move towards a future that
respects human rights. A commission of inquiry is needed to shed historical light on the specifics of why and how
illegal sterilizations were and are being performed in Slovakia. Nations that have had similar policies and practices of
forced and coerced sterilization have realized the need to acknowledge and address this issue or risk continuing harm to
their societies. For example, Norway, Sweden, and the United States are confronting the truth with regards to past
sterilization policies and practices which resulted in grave violations of reproductive rights of certain groups.They
have set up or are setting up commissions to survey the extent of the practice, to offer recommendations for reform, and
to compensate persons whose rights have been violated. In these countr We call on the Slovak government to establish a
commission of inquiry independent of the criminal investigation to inquire into past and present sterilization
practices.
The body's mandate should be to investigate the full extent of the practice of coerced and forced sterilization in the
communist and post-communist periods; propose legal and institutional measures to prevent the recurrence of the
practice; and to recommend financial and other reparation for victims. The body should be comprised of independent and
highly qualified medical and legal experts, as well as members of civil society and of the Romani community. Experts
should be drawn primarily from Slovakia, but should include members of the international community.
Conclusion
The rights to have control over one's reproductive capacity and to bodily integrity are fundamental human rights that
have been denied to many Romani women in Slovakia. Their rights to informed consent to sterilization, accurate and
comprehensive health information, and non-discriminatory health services have been violated. As a member of the
international community and party to international human rights treaties, Slovakia has a duty to rigorously investigate,
end, and remedy the human rights violations committed within its borders.
View all documents on Slovak Republic at http://amnesty-news.c.tclk.net/maabhsMaaZmfVbb0hPub/