Help for victims of illegal sterilizations - case one
Romodrom consistently helps Romani women who have been victims of illegal sterilizations for many years, often exploiting their particularly vulnerable positions and occurring without the informed consent of the affected individuals. The project 'Help for victims of illegal sterilizations' supports women who have decided to legally defend themselves. It is funded by the Office of the Government of the Czech Republic and the MARIO program, implemented by the organization Minority Rights Group International.
1. Introductory circumstances of the case
The applicant submitted, through the organization Romodrom, a request for a one-time monetary amount under Act No. 297/2021 Coll., on compensation for persons sterilized contrary to the law. The sterilization procedure took place in 1999 at a healthcare facility.
The applicant described that she was admitted for the purpose of an abortion, but without her knowledge and consent, a sterilization procedure was also performed. She only learned about the sterilization during a gynecological examination in 2010.
In the request, she specifically mentioned the absence of informed consent, a request for sterilization, the opinion of the sterilization committee, and a written explanation of the irreversibility of the procedure. This constituted a fundamental violation of the then-applicable sterilization directive and patient rights.
The procedure caused the applicant permanent infertility, leading to serious personal, partnership, and psychological consequences. This case fits into the broader historical context of involuntary sterilizations of women, especially those socially disadvantaged, in the Czech Republic.
2. Administrative procedure progress
Submission of the request and initial requests
In 2024, the ministry received the request through the data box of the Romodrom organization. Subsequently, Romodrom was asked to supplement the necessary power of attorney, which was not included in the originally submitted version according to § 33 para. 1 of the Administrative Procedure Code.
After the power of attorney was supplemented, the compensation procedure under Act No. 297/2021 Coll. was initiated.
Decision on entitlement recognition
In March 2025, a decision was issued granting the applicant an amount of 300,000 CZK. The ministry concluded that the sterilization was indeed performed without the valid consent of the patient, even though formal approval by the sterilization committee existed at that time.
However, the documentation lacked a personally signed consent declaration and a written explanation of the consequences - basic conditions for the legality of the procedure.
The decision became legally binding after the deadline for filing an appeal expired.
3. Complications in the payment of compensation
After the decision of the ministry gained legal force, the ministry proceeded to pay the amount to the account specified in the application. However, the bank returned the payment due to data mismatch:
• the account holder's name did not match the applicant's data,
• the account was held in British currency,
• it was necessary to repeatedly supplement IBAN, BIC, SWIFT, and other information.
Therefore, the ministry sent several requests to supplement the correct payment details. Administrative complications caused an overall delay in the payment of compensation.
4. Legal and human rights significance of the case
The case demonstrates the practical functioning of Act No. 297/2021 Coll., which was adopted in response to long-term international criticisms and recommendations of human rights institutions for the Czech Republic to compensate victims of unlawful sterilizations.
Compensation represents not only financial redress but also symbolic recognition of interference with bodily integrity and reproductive rights.
The organization Romodrom played a crucial role, providing expert representation and guiding the applicant through a process that can be particularly complex for individuals living abroad.
5. Conclusion
The proceedings lasted from the end of 2024 to the spring of 2025 and resulted in the award of the maximum possible amount of 300,000 CZK. The payment was delayed by the need for repeated supplementation of banking details.
The case represents a significant precedent in the correct application of the law on compensation for persons sterilized in violation of the law and at the same time highlights the need for precise instructions for applicants, especially those using foreign bank accounts.