Decision No. 194/06-46

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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.



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