Has the state righted the wrongs of the past? An Analysis of the (Un)successful Compensation of Victims of Unlawful Sterilizations

Abstract

The aim of this article is to examine whether the decision-making practice of the Czech Ministry of Health in compensation proceedings for persons unlawfully sterilized complies with constitutional requirements applicable to mechanisms designed to remedy violations of fundamental rights. Existing literature has primarily focused on the historical context of unlawful sterilizations and on identifying specific deficiencies in administrative practice. Building upon these findings, this article situates the issue within a broader constitutional and human rights framework and examines the underlying causes of these problems, as well as the implications they may have for the future institutional design of mechanisms intended to remedy past violations of fundamental rights.

The analysis is based on a qualitative content analysis of 150 decisions issued by the Ministry of Health and, to provide additional context, 15 Ministry of Health notices requesting payment of costs related to access-to-information requests submitted under Act No. 106/1999. The research identified several recurring problematic patterns, including delays in proceedings, inconsistent treatment of procedural deficiencies, a strong dependence of outcomes on the availability of medical records, and a formalistic assessment of informed consent.

The findings suggest that the state has not yet fulfilled its declared objective of remedying past injustices suffered by unlawfully sterilized women, with insufficient institutional and procedural arrangements representing a significant contributing factor. The article concludes that the adoption of legislation with an important human rights purpose does not in itself guarantee effective redress unless the state simultaneously establishes a functional framework for its implementation.