[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Pages S7361-S7362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EUROPEAN COURT DECISION
Mr. CARDIN. Mr. President, I had the opportunity to visit Slovakia in
2009. It was a great opportunity for me to meet with representatives of
a country that is a close ally of the United States. Slovakia and the
United States share strong ties thanks to the heritage of many
Americans whose parents, grandparents or great grandparents came from
Slovakia. We are also bound by our common devotion to democracy and
human rights. It is an important friendship.
My visit to Bratislava gave me a chance to strengthen those ties. It
also provided me with an opportunity to share with my Slovak friends
concerns I have about the practice of targeting Romani women for
sterilization without informed consent--a practice that was documented
and condemned by the Charter 77 human rights movement more than 30
years ago. Unfortunately, sterilizations without consent continued to
be performed in State-run hospitals in the Czech and Slovak Republics--
reportedly even in this century.
[[Page S7362]]
This week there has been an important development on that front. On
Tuesday, the European Court on Human Rights found that the
sterilization without informed consent of a Romani woman had violated
article 3 of the European Convention on Human Rights, the prohibition
on inhuman or degrading treatment, and article 8, the right to family
life.
This is an incredibly important victory for a woman who was
wrongfully sterilized at the time of the birth of her second child and
who has since struggled for 11 years to vindicate this claim. I commend
her for her bravery and tenaciousness in the face of numerous
obstacles. At the same time, I am aware that the damages awarded by the
court can never fully compensate for what was taken from her.
I regret that it has taken so long to achieve this single victory.
Thus far, the Slovak Government has refused to acknowledge this past
practice of targeting Romani women for sterilization. In the last
decade, in the face of growing documentation of this abuse and
increasing calls for the Slovak Government to acknowledge this grave
human rights violation, Slovak authorities have, in turns, made threats
against victims, denied the past abuse, and some voices even continue
to call for making sterilization freely available to ``socially
excluded communities''--a term that is almost synonymously used to
describe Roma.
There are other countries where sterilization without consent also
occurred in the last century, including Norway, Switzerland, Sweden and
33 States in the United States. But Slovakia has been singularly
resistant to acknowledging that these abuses not only happened, but are
indefensible by modern standards.
While I welcome this week's decision by the European court, it does
not put an end to this issue. There are two other sterilization cases
pending in Slovakia's domestic courts, and five other cases pending
against Slovakia before the European court. I urge the Slovak
Government not to force victims through the painful process of
litigating each case--a process that has immeasurable costs for all
sides--and to establish a less burdensome process for victims to have
their claims recognized. It is long overdue for Slovak authorities to
acknowledge that Romani women were targeted for sterilization without
informed consent.
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