MINELRES: Joint Statement on the Illegal Sterilization of Romani Women in Slovakia

[European Roma Rights Center]

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; Poradna pre obcianske a ludsk� pr�va 
(Center for Civil and Human Rights), Kosice, Slovakia; Slovensk� helsinsk� 
v�bor (Slovak Helsinki Committee), Bratislava, Slovakia; on the Issue of 
Illegal Sterilization of Romani Women in Slovakia

22 July 2003

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 Poradna pre obcianske a ludsk� pr�va. 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, 
Poradna pre obcianske a ludsk� pr�va and Slovensk� helsinsk� v�bor 
(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 investigation against 
the authors of Body and Soul had the effect of intimidating and threatening 
the Romani community. It is very likely that the criminal investigation may 
have inhibited or prevented victims of illegal sterilization from filing 
civil or criminal complaints or cooperating with investigators for fear of 
facing retribution.

We call on the Slovak government to ensure, through affirmative publicity, 
that the Romani community is fully aware that a 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 countries, there had been virtually no present-day allegations of 
such practices, yet responsible government officials understood the need to 
address past harms.

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.

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The European Roma Rights Center is an international public interest law
organisation which monitors the rights of Roma and provides legal defence
in cases of human rights abuse. For more information about the European
Roma Rights Center, visit the ERRC on the web at http://www.errc.org.

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