Issues concerning involuntarily sterilised women in the Czech Republic

Issues concerning involuntarily sterilised women in the Czech Republic

30. 3. 2017

Issues concerning involuntarily sterilised women in the Czech Republic is remains a concern. Involuntarily sterilised women have not been compensated yet, and there is nothing indicating a shift in this matter. 

1. In past years, a proposal for a compensation scheme had been developed by the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment. The proposal was rejected by the government in 2015 and all activities aimed at developing a new proposal were suspended.

2. Involuntarily sterilised women only received an apology from the state. Despite repeated appeals by the CEDAW Committee, the state has been refusing to compensate women and remains passive. This attitude of the state is unacceptable and it is impossible to leave the question unresolved.

3. The state continues to argue that women did not take advantage of the possibility of judicial protection of their rights. Given the low awareness among women about their rights, we consider this argument to be incorrect with respect to the interpretation of the period of limitation. With regards to the interpretation of the court, the limitation period ends after 3 years. The state did not address the CEDAW recommendations to assess the three-year period.

4. As the time gap since surgeries is increasing, the chances for compensation are decreasing. It is therefore necessary to again appeal to the Czech State to assume responsibility for these system errors, and in a very short time to adopt a law on a compensation scheme.

5. It is not currently expected that the state would take any initiative.