Hungary: Compensation to Coercively Sterilized Romani Woman

Hungary: Compensation to coercively sterilized Romani Woman

Source: European Roma Rights Centre (ERRC)

25/02/2009 6:58 am

Regions:Europe

Topics:Equality & non-discrimination, Sexual & reproductive rights

AWID Program:

Type of content:Announcements

Regions - Topics - AWID Program - Type of content

During a parliamentary session on February 24, 2009, MP József Gulyás posed a question to the Hungarian Prime Minister regarding the coercive sterilisation of a Romani woman, Ms A.S. The State Secretary of the Ministry of Social Affairs and Labour, Mr. Lajos Kórozs, responded that the Ministry shall provide financial compensation to her.

The ERRC and the Legal Defence Bureau for National and Ethnic Minorities (NEKI) welcome this decision of the Hungarian Government as an important acknowledgement of the seriousness of this human rights violation, and of the importance of respecting the rights of women under international law.

Background

On 2 January 2001, a Romani woman (Ms A.S.) was sterilised by doctors at the Fehérgyarmat hospital without her consent. During preparation for a caesarian section operation to remove a dead foetus, Ms A.S. was asked to sign forms giving her consent to this operation as well as to her
sterilisation. However the doctors did not explain the procedure, its nature, possible risks, or what the consequences of being sterilised would be. Only after the operation did Ms A.S. learn that she had been sterilised. On 15 October 2001, Ms A.S. and her attorney filed a civil claim for damages against the hospital. On appeal, the Szabolcs-Szatmar-Bereg County Court held that the hospital doctors had indeed acted negligently, because they had not informed Ms A.S. of ³the exact method of the operation, of the risks of its performance, and of the possible alternative procedures and methods.

Nevertheless, the same Court concluded that since Ms A.S. had provided no proof that she had suffered a lasting detriment, she was not entitled to compensation. On 12 February 2004, the ERRC and the Legal Defence Bureau for National and Ethnic Minorities (NEKI) jointly filed a complaint with CEDAW relating to the illegal sterilisation under the CEDAW optional protocol. In August 2006, the Committee found the Hungarian government to be in violation of the Convention.

In 2008, the Hungarian Government amended the Public Health Act to ensure that appropriate information be provided to patients in the context of sterilisation procedures to ensure informed consent. However, in March 2008 the Hungarian government advised the ERRC that it would not provide compensation to Ms A.S.

On February 24, 2009, after eight years of national and international legal proceedings, the ERRC and NEKI welcome the State Secretary¹s response on the compensation of Ms A.S.

Ostalinda Maya, ERRC¹s Women's Rights Officer, stated:"The offer of compensation means not only justice to A.S. but the recognition by the
Government of Hungary of its obligations to all women under international law. It is an important step forward in ensuring respect for the optional
protocol of the CEDAW Convention. We hope that Hungary¹s actions will serve as an example to other countries, like the Czech Republic and Slovakia, where the problem of coercive sterilisation still has not been fully addressed."

The ERRC and NEKI will monitor the implementation of the Government's decision.

For further information, please contact:

Judit Geller, European Roma Rights Centre,
For the full decision of the Committee, please go here

The ERRC submitted a shadow report on the situation of Romani women in Hungary that can be found here

The Committee's concluding comments can be found here

Prior to this meeting of the Committee, the ERRC submitted a shadow report on the situation of Romani women in Hungary that can be found here

Article License: Copyright - Article License Holder: European Roma Rights Centre (ERRC)