Decision of the European court of Human Rights in the case of N. B. v. Slovakia
In decision from 12 June 2012, the European Court ruled in favor of the applicant N. B. The European Court decided that sterilization performed on the Applicant was in violation with Article 3 of the Convention (guaranteeing the protection from cruel and inhuman treatment) and constitutes the violation of her rights for protection of private and family life under Article 8 of the Convention. In its decision the European Court concluded that forced sterilization violated the applicant’s physical integrity and was grossly disrespectful of her human dignity. It was found that the sterilization was performed on the applicant while she was in labour and she was made to formally agree to such a serious medical procedure when her cognitive abilities were affected by medication. Further, she was wrongly told that the procedure was indispensable for preserving her life. The Court also found Slovakia failed to comply with its positive obligation under Article 8 to secure through its legal system the rights guaranteed by that Article, by putting in place effective legal safeguards to protect the reproductive health of, in particular, women of Roma origin as a vulnerable group in the society. Apart of the violation of Articles 3 and 8 of the European Convention, the Court ordered the Slovak Government to pay the compensations to the Applicant in the amount of 25,000 EUR as well as the reimbursement of her legal costs. We represented the Applicant in this case within our strategic litigation programm.