Women and Justice: Court: Constitutional Court of the Slovak Republic

Ms M.V. (the claimant) was sterilized while giving birth to her second child. She was informed that sterilization would be performed on her shortly before delivery by C-section, to which she did not give her written consent. The day after giving birth, while inquiring about her own health and that of her child, she was informed that sterilization was performed due to health reasons, as another pregnancy could be dangerous. She was given a form to sign for the “sake of her health,” which she did without reading or inquiring due to her concerns about the well-being of her newborn child. The claimant only later found out that sterilization was not a “life-saving” procedure after speaking with a representative from a non-governmental organization. Her claim was dismissed by the district and regional courts based on hospital records which contained her written consent and the testimonies of the doctors and other staff members. She filed a claim with the Constitutional Court which held that the decisions of the district and regional courts did not sufficiently address the claimants claims, in breach of the claimants' right to a fair trial. The Constitutional Court awarded the claimant EUR 1,500 damages and ordered the re-examination of the matter by the district court.

Mrs. I.G., Mrs. R.H., and Mrs. M.K. (the claimants of Roma ethnicity) were sterilized while giving birth to their children. The claimants initiated criminal proceedings on the grounds of unlawful sterilization, claiming that their consent (or informed consent in the case of R.H.) was not given. Criminal proceedings were stopped by the regional prosecutor with the conclusion that no unlawful act had been committed. The claimants filed a formal complaint against the decision, in part claiming that the investigation did not examine the substantive material issue, the lack of consent to sterilization. This formal complaint was dismissed by the regional prosecutor. The claimants petitioned the Constitutional Court to address the decision to discontinue criminal proceedings by the regional prosecutor; they claimed among other things the breach of their right to private and family life and of their right to privacy. The Constitutional Court held that sterilization was not a “life-saving” procedure, as claimed by the regional prosecutor and the hospital. Therefore, the explanation given by the regional prosecutor for the discontinuation of criminal proceedings on these grounds was unfounded. The Constitutional Court further held that the investigation did not exhaust all possible avenues, and completely ignored the issue of consent. This and the subsequent dismissal of the complaint amounted to inhumane or degrading treatment of the claimants affecting their private and family lives. The Constitutional Court awarded each claimant 50,000 SK (EUR 1,659.70) in damages and ordered the regional prosecutor to re-examine the issue.