Discussions about a compensation mechanism for victims of forced sterilisation in the Slovak Republic offer “a historic opportunity to finally address this long-standing injustice”, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, says in a letter to the Slovak Parliament, published today.
The Commissioner welcomes the efforts by the National Council of the Slovak Republic (the Parliament) to deliver justice to victims of forced sterilisation, in the form of a law proposal that would establish a compensation mechanism. But such a mechanism must effectively meet the needs of the victims, she notes. To this end, the Commissioner’s letter set out observations to assist members of the Parliament to strengthen the law proposal, ahead of its second reading.
The Commissioner notes, for example, that the currently proposed amount of compensation falls significantly short of that awarded to victims by the European Court of Human Rights and Slovak courts in relevant cases. She highlights the need for clear rules on evidence in proceedings for compensation, including avoiding an over-reliance on medical records and preventing the burden of proof being disproportionately borne by the victims. She suggests steps to make the application process more accessible to victims and underscores that the authorities responsible for assessing compensation claims should have sufficient expertise and capacity to carry out this task. The Commissioner also stresses the importance of close engagement with victims during the legislative process, to ensure that the resulting compensation mechanism is strong, accessible, and effective.