NEWS
Slovak Constitutional Court Rejects Attempt to Outlaw Abortion
[December 11, 2007]
On December 4, the Slovak Constitutional Court rebuffed an attempt by conservative politicians to outlaw abortion. Members of the Christian Democratic party had challenged the country’s abortion law, which allows the procedure upon request during the first 12 weeks of pregnancy, on the grounds that it violates the right to life of fetuses. The Center submitted a friend of the court brief in the case, arguing that giving rights to fetuses would allow legal claims that undermined women’s fundamental rights to equality, health, life, and privacy. The Center had made a similar argument in 2003 at the European Court of Human Rights in another case involving fetal rights, Vo v. France. In that case, the court declined to give a fetus the legal rights of a born person. The Slovak case is the first in which a national-level high court has applied the Vo v. France ruling.
The Center filed its brief together with the CUNY Law School Human Rights Clinic, Slovak Family Planning Association, and ProChoice Slovakia.
Click here to read the brief in English > >
Click here to read the brief in Slovak > >
HELSINKI COMMISSION CRITICAL OF SLOVAKIAN RESPONSE TO STERILIZATION OF ROMANI WOMEN
August 2006
On August 14, 2006, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, issued a report highly critical of the Slovakian government’s response to widespread forced and coerced sterilizations of Romani women during and after the Communist period. The Helsinki Commission is a U.S. Government agency consisting of members of the United States Senate, House of Representatives, and Departments of State, Defense, and Commerce created to monitor and encourage participating European countries’ compliance with their human rights commitments. In its report, the Helsinki Commission recognized that while the Slovakian government has passed stricter laws regarding sterilization and informed consent in the aftermath of mass allegations of wrongdoing, authorities have still failed to admit the practice occurred. The Commission also condemned the Slovakian government’s investigation into the matter as deeply flawed, citing examples of threats to intimidate accusers and victims, conflicts of interest, and the denial of Romani women’s access to their medical files.
The Helsinki Commission also cited Poradna’s and the Center for Reproductive Rights’ 2003 report, Body and Soul: Forced Sterilization and other Assaults on Roma Reproductive Freedom in Slovakia, and highlighted its important role in uncovering reproductive rights abuses and pushing for reform. The Center for Reproductive Rights supports the Helsinki Commission’s criticisms of the Slovakian government for its refusal to acknowledge past wrongs despite clear evidence to the contrary. The Center continues to advocate on behalf of Romani women regionally and internationally and is encouraged by the Helsinki Commission’s attention to this grave violation of human rights.
EU EXPERTS ISSUE OPINION ON CONSCEIETIOUS OBJECTION
December 2005
On December 14, 2005, the European Union Network of Independent Experts on Fundamental Rights, which monitors and advises the European Union on the status of fundamental rights in the European Union, issued an opinion on health providers’ right to conscientious objection. The Network paid special attention to "concordants," or treaties, on the subject of conscientious objection that EU member states have entered into with the Holy See. Such concordants give providers broad discretion to refuse to perform abortions.
The Center for Reproductive Rights presented to the Network documentation on the effect such concordants have on women’s access to legal abortion. The Network, in its opinion, relied extensively on the Center’s analysis of the human rights dimensions of conscientious objection. It concluded that EU member states have an obligation under international human rights law to regulate providers’ invocation of conscientious objection so as to ensure that no woman is deprived of an abortion in circumstances where the procedure is legal.
The Network’s interest in conscientious objection arose from advocacy efforts at the European Parliament, led by Pro-Choice Slovakia and Catholics for a Free Choice, aimed at curbing the Slovak Republic’s pending concordant with the Holy See on conscientious objection, the most extensive concordant with a European country on this subject to date. These efforts led to the Parliament’s request to the Network for an opinion on the pending concordant’s compliance with the EU Charter on Fundamental Rights. The opinion of the Network is highly significant because it applies not only to the Slovak Republic’s pending concordant with the Holy See on conscientious objection, but to all member state laws and policies on the subject matter.
SLOVAK GOVERNMENT PASSES COMPREHENSIVE PUBLIC HEALTH LAW
October 2004
In October 2004, the Slovak government passed a comprehensive Public Health Law which includes sections on sterilization, informed consent, and access to medical records. The Center for Reproductive Rights and Poradna pre obcianske a ludské práva (Centre for Civil and Human Rights) with the endorsement of the Regional Office of the World Health Organization submitted comments on provisions which govern sterilization, informed consent, and access to medical records in December 2003, and most of the comments have been included in the new law.
Among other changes, the new law allows women to undergo sterilization from the age of majority (18). Previously, a woman may request sterilization before or at the age of 35 only if she has four or more children and after the age of 35 if she has three or more children. Women no longer need to have any children in order to be sterilized. The new law also removes the previously existing requirements for approval by a sterilization commission and list of medical indications under which men and women could be sterilized, which included consecutive cesarean sections, sexual deviance, mental diseases, etc. The new law guarantees informed consent and requires health care professionals to provide information to patients before undergoing sterilization. It also requires a 30-day waiting period after informed consent is given. In addition, the new law addressed the problem many individuals faced in accessing their medical records by explicitly allowing authorization by the patient to another person, through a power of attorney, to view and photocopy their files.
The Public Health law goes into effect January 1, 2005. The Center for Reproductive Rights and Poradna will be working to ensure that any implementing regulations respect the rule of law and human rights.
ROMANI WOMEN SUBJECT TO FORCED STERILIZATION IN SLOVAKIA: RIGHTS VIOLATED BY HEALTH CARE SYSTEM
January 2003
Read more > >
SLOVAK GOVERNMENT OFFICIALS RETALIATE AGAINST ROMANI WOMEN AND LEGAL ADVOCATES FOR EXPOSING HUMAN RIGHTS VIOLATIONS
February 2003
Read more > >
HUMAN RIGHTS GROUPS CALL ON SLOVAKIA TO ADDRESS ILLEGAL STERILIZATION OF ROMANI WOMEN
July 2003
Read more > >
SLOVAK INVESTIGATION COVERS UP HUMAN RIGHTS ABUSES
October 2003
Read more > >
COUNCIL OF EUORPE FINDS EVIDENCE OF FORCED STERILZATION OF ROMANI WOMEN IN SLOVAKIA
October 2003
Read more > >
PUBLICATIONS
Reports
Body and Soul:
Forced Sterilization and Other Assaults on Roma Reproductive Freedom
Romani women in Slovakia continue to be subject to grave violations of their human rights, particularly their reproductive rights, even though a communist-era law offering monetary incentives for sterilization has been rescinded. A three-month fact-finding in late 2002 by the Center for Reproductive Rights and Poradna pre obcianske a ludské práva (Centre for Civil and Human Rights), a Slovak human rights organization, reveals that not only do coerced and forced sterilization practices continue in Slovakia, so too does the widespread abuse and discrimination
against Romani women in the country’s maternal health services.
Women of the World: Laws and Policies Affecting Their Reproductive Lives – East Central Europe
Read the Introduction from Women of the World: Laws and Policies Affecting Their Reproductive Lives – East Central Europe
The Women of the World reports are the product of collaboration between the Center for Reproductive Rights and NGOs around the world. Each volume presents regional and national information about the following:
- Laws and policies regarding health, population, contraception, abortion, sterilization, safe pregnancy, HIV/AIDS and other sexually-transmitted infections;
- Women's legal status within marriage, including divorce, custody and property; labor rights; access to credit and education; and the right to physical integrity;
- Reproductive health and rights of adolescents, including the legal status of adolescent marriage, sex education, and sexual offenses against minors;
- Customary and religious laws and practices that influence the status of women and girls.
The reports show that although many countries have adopted laws and policies to promote women's reproductive health and rights, such instruments have not necessarily had the desired effect. The reproductive rights of women around the world continue to be violated on account of discriminatory laws and policies as well as social practices that undermine their reproductive autonomy.
Read the Center’s Report, Recommended Principles for the Formation of a Commission of Inquiry into Illegal Sterilization Practices in Slovakia > >
Briefing Papers
Reporting to Treaty Monitoring Bodies
Organizations like the Center for Reproductive Rights and its partners play an essential role in providing credible and reliable independent information to international human rights treaty monitoring bodies regarding the legal status and real-life situation of women and the efforts being made by governments to comply with human rights treaties. Shadow reports work to supplement, or "shadow," governments’ reports on human rights issues by calling attention to their strides, as well as their setbacks.
Regional Partner Organizations
