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November 22nd, 2008

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Finally, hope for justice in sterilization cases
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October 24th, 2007 issue

Justice has been a long time coming for sterilized Romany women. And for most of them, the wait continues.

But the decision earlier this month by an Ostrava regional court ordering a hospital to pay Iveta Červeňáková 500,000 Kč ($26,000) as compensation for being sterilized against her will in 1997 has given new hope to the dozens of other women hoping to pursue similar claims (see story, A1). And it marks an important milestone in the Czech Republic’s slow march to equal rights.

The ruling is the first time in postcommunist history that a court here has acknowledged financial compensation might be due in such cases. An earlier ruling, in November 2005, decreed that hospital officials had to apologize to another Romany woman who had been involuntarily sterilized. The court said too much time had elapsed to approve monetary compensation.

Apologies are important. But financial awards convey an entirely different message, and in this case an entirely appropriate one.

As with most cases that end up in court, Červeňáková’s is not black and white. She did sign a consent form for sterilization. But like most of the other Romany women who have filed complaints, she claims that it was under duress, without knowing exactly what she was agreeing to.

The hospital makes a good counter-argument in pointing out that Červeňáková was giving birth the second time by Caesarian section, in which case sterilization would be a legitimate medical recommendation. But informed consent is the issue, and its apparent absence is a common thread that runs throughout the complaints.

The context of these complaints is also important to keep in mind. Involuntary sterilization of Romany women was a common practice under communism, and it’s no secret that in many quarters of Czech society, the lingering vestiges of communism continue to be a problem. There’s also the open antipathy towards Roma that runs strong not just in this country, but throughout Central Europe.

Trying to right the wrongs of history is always a tricky business. No amount of money or apologies will ever make up, for example, for the horrors of the Holocaust. Similarly, no fine or apology is going to restore the reproductive health of the 90-plus Romany women who have stepped forward to protest their sterilization.

But a court ruling for those women is vitally important in other respects. It sends a message that this society believes in equal rights and in addressing systemic violations of human rights that have occurred in the postcommunist era. It also gives hope to other sterilized women who may have been afraid to speak out, as well as victims of other inhumane practices.

So we applaud the court’s decision. The national ombudsman’s office also deserves kudos for responding to the woman’s complaints, dealing with them in a straightforward manner and being willing to talk to the media about the issue.

The Červeňáková lawsuit was the second in a set of three civil suits by Romany women. Here’s hoping that the courts do the right thing in the third case as well.

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