EN Official Journal of the European Union CE 88/37

(2004/C 88 E/0040)

WRITTEN QUESTION P-1630/03

by Nelly Maes (Verts/ALE) to the Commission

(8 May 2003)

Subject: Forced sterilisation of Roma women

With reference to questions E-0575/03 (1) and E-0434/03 (2) by Nelly Maes and Erik Meijer on coerced sterilisation of Roma women in Slovakia, I am astonished at the answers given.

In the answer to Mr Meijer, the Commission says: The Member of the Commission responsible for Enlargement has immediately addressed this issue in a letter to Slovak Prime Minister Dzurinda, underlining that these allegations are a matter of serious concern and if proved to be true, would constitute a serious breach of human rights.

In its answer to Nelly, the Commission adds the following at phrase the end of the above sentence — ‘provided the public authorities have supported, tolerated or not taken proper legal actions in this respect’.

One has to conclude from the above answer that a serious breach of human rights cannot exist unless the government was aware of it and did not react appropriately.

Reports by the European Roma Rights Centre (ERRC) provide ample evidence that the government was aware of this problem, which existed even before the creation of the Slovak State, still exists today and has been the focus of continuous attention.

Does the Commission recognise that there are serious breaches of human rights in Slovakia and, if so, what consequences are attached to these violations?

Answer given by Mr Verheugen on behalf of the Commission

(5 June 2003)

The Commission in its responses to earlier written questions on the treatment of the Roma, specifically questions E-0434/03 by Mr Meijer and E-0575/03 by the Honourable Member, expressed its concern about allegations that Roma women are being sterilised without or with coerced consent by doctors in Eastern Slovakia.

The Commission had specifically referred to the public authorities not, as the Honourable Member concludes, as an indication that ‘a serious breach of human rights cannot exist unless the government was aware of it’ but in order to indicate that under internal public law, a state indeed can be held accountable for violations of human rights, if the incriminated actions can be attributed to him. Hence the reference made in the reply to Written Question E-0575/03. Under international law, a state's responsibility goes as far as to provide for legal provisions to punish coerced or forced sterilization and to ensure objective criminal proceedings.

The Commission has urged the Slovak authorities to carry out the necessary criminal investigations and to remedy possible discriminatory measures. So far, the criminal investigations are still ongoing and have not yet confirmed the above stated allegations, which, if proved to be true, would be punishable under Slovak criminal law. The Commission does not have the right to interfere in ongoing investigations of a sovereign state and to prejudge its outcome. It will, however, continue to closely monitor this serious issue.

Finally, the Commission would like to inform the Honourable Member that following intense discussions with the non-governmental organisations (NGOs) involved in reporting about the issue, it is considering to include a specific Roma health project in its National PHARE Programme 2003 to improve the situation of the Roma minority in this important sector.

(1) OJ C 33 E, 6.2.2004, p. 55.

(2) See page 12.