The Compensation Act, which provides compensation for victims of forced sterilisations conducted in the Czech Republic between 1966 and 2012—primarily Roma women—took effect in 2022 and is set to expire on 1 January 2025. However, many victims have been unable to obtain compensation due to improper procedures and practices. Of the nearly 1,500 compensation claims processed, only 688 were approved, while the remaining were rejected.
Today, the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, published two letters dated 3 December addressed to Czech Prime Minister Petr Fiala, Senate President Miloš Vystrčil, and Chamber of Deputies Speaker Markéta Pekarová Adamová. In response, the Czech Prime Minister assured him that an amendment extending the deadline for claiming compensation by an additional two years had been submitted to Parliament.
In 2021, the Commissioner’s predecessor, Dunja Mijatović, praised the Czech authorities for establishing a compensation mechanism. However, during her country visit to the Czech Republic in 2023, she raised several concerns about how this mechanism functions, writes the CoE’s Commissioner. Among these concerns was the absence of a clear methodology for assessing compensation claims, the excessive burden of proof placed on victims, especially in cases where medical records of sterilisation were unavailable, and the lack of sufficient human resources and expert support within the Ministry of Health to handle compensation claims in a timely and thorough manner. In light of these issues, she recommended extending the compensation mechanism’s duration, which would necessitate extending the relevant law.
The letters urge the prompt extension of the law on compensation for victims of forced sterilisations that occurred between 1966 and 2012, the majority of whom are Roma women. The Commissioner noted, “For victims without medical records of sterilisation, there was a lack of clarity regarding what other types of evidence would be acceptable, if any.”
Furthermore, Czech courts have identified shortcomings in the compensation process, particularly regarding the required threshold of evidence and the burden of proof placed on victims.
The Commissioner calls on the Czech authorities to urgently initiate and implement legislative changes that will sufficiently extend the law, ensuring that all victims have access to compensation. He also recommends addressing the identified shortcomings to guarantee that all victims can obtain compensation through a clear and consistent procedure.
Czech Prime Minister Petr Fiala responded to the CoE’s Commissioner for Human Rights on 10 December, assuring him that he personally gives the issue the “utmost importance and priority”.
I “genuinely believe,” writes the Prime Minister, “it is, among others, our moral commitment to address effectively such gross historical human rights violation and injustice that so many, namely Roma women, victims suffered”.
The PM also informed Commissioner O’Flaherty that MPs Eva Decroix and Pavel Blažek, Minister of Justice, submitted an amendment to the law on 4 December to extend the application deadline for an additional two years. However, the Parliament should now vote on the amendment.
