CEDAW/C/73/D/102/2016
5.13 The statement by the State party that “the Supreme Court held that the objection
of limitation concerning the claims for financial compensation of unlawful
sterilizations was raised contrary to good morals and quashed the judgments of lower
courts” is misleading. The Supreme Court found that victims of forced sterilization
had a procedural right to have the “good morals”/“bonnes moeurs” provision
considered. The Supreme Court ordered the lower courts to reopen the cases, not to
find in favour of the victims. Given that the jurisprudence is now s ettled and that the
authorities have rejected the introduction of a specific remedy, the authors have only
a theoretical and illusory prospect of securing compensation from the courts through
the discretionary application of the “good morals”/“bonnes moeurs” principle.
5.14 Individuals bringing civil claims for damages pay court fees, which are a
percentage of the amount claimed. The authors are unlikely to be able to afford the
fee and even if they could, the amount they would be able to pay would be so l imited
that it would be considerably lower than the amount of the claim. The court might
exempt a person from paying the legal fee only if there were “especially serious
reasons”.47
5.15 The Constitutional Court can intervene after a long civil action has failed and
can only require the courts to consider the application of the “good morals”/“bonnes
moeurs” principle in the cases of the authors. Nothing indicates that their cases would
trigger this discretionary exception to the rule prohibiting compensation claims after
the statute of limitations has expired.
5.16 On the merits, the authors challenge the argument that there is no obligation to
have a special remedy for victims of forced sterilization. Given the time of their
sterilizations, the exclusion suffered and their marginalized position, they were
entitled to a specific remedy. Other countries with a similar history (Austria,
Germany, Peru, Sweden and certain states in the United States of America) have put
in place remedies outside the ordinary legal system. The failure to do so, while other
schemes exist for victims of ill-treatment under earlier discredited regimes, amounts
to discrimination against Roma women who have been forcibly sterilized.
5.17 The domestic law and jurisprudence have led to the revictimization of the
authors and intersectional discrimination on the basis of ethnicity, gender and social
status, given that they do not distinguish between Roma women who are victims of
forced sterilization and other plaintiffs requesting compensation in civil proceedings
for ill-treatment and apply the same burden of proof and statute of limitations to
everyone. Remedies for human rights violations should be tailored to reflect t he
vulnerability of certain categories. The authors, as victims of gross human rights
violations, maintain that the State party is required to put in place a compensation
scheme tailored to victims of forced sterilization. 48
Additional submissions by the State party
6.1 On 5 May 2017, the State party reiterated that the authors had not attempted to
shed light on the circumstances surrounding their sterilization and interprets their
silence as a confirmation of its description of the circumstances. The State party
rejects the claim that there were “several thousand” illegally sterilized women as
unsubstantiated. The Ombudsperson documented several dozens of cases.
__________________
47
48
19-15443
Czech Republic, Civil Procedure Code, Law No. 99/1963 of 4 December 1963, sect. 138.
The Committee recommended in its most recent concluding observations on the Czech Republic
(CEDAW/C/CZE/CO/6, para. 29) that the State review the three-year statutory limitation period
and establish an ex gratia compensation procedure for victims of forced or non-consensual
sterilizations.
15/18
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