After three years, the Hungarian government has finally decided to provide financial compensation to a Romani woman who was coercively sterilized in 2001. The case was referred to the Committee on the Elimination of Discrimination Against Women, and in August 2006 it found the Hungarian government to be in violation of the UN Convention that guarantees an end to discrimination against women.

In March 2008, the Hungarian government declared the opposite. It would not provide any compensation to Ms. A.S., a woman who was sterilized by Hungarian doctors without her consent. Now, on February 24, 2009, after eight years of national and international legal proceedings, there is hope that the victim, as recommended by CEDAW Committee, "will be provided an appropriate compensation commensurate with the gravity of the violations of her rights."

Before CEDAW, Ms A.S. was represented by the European Roma Rights Center (ERRC) and the Legal Defense Bureau for National and Ethnic Minorities (NEKI). She claimed that on January 2, 2001, she was subjected to coerced sterilization by medical staff at one of the Hungarian hospitals, where she had been taken after labor pains.

While examining her, the attending physician found that the fetus had died in her womb and told her a caesarean section needed to be performed immediately in order to remove the dead fetus. While on the operating table, Ms. A.S. was asked to sign forms giving her consent to this operation as well as to her sterilization. However, the doctors did not explain the procedure, its nature, possible risks or the consequences of being sterilized. Only after the operation did Ms. A.S. learn that she had been sterilized. On October 15, 2001, Ms. A.S. and her attorney filed a civil claim for damages against the hospital. On appeal, the court held that the hospital doctors had indeed acted negligently. Nevertheless, the same court concluded that since Ms. A.S. had provided no proof that she had suffered a lasting detriment, she was not entitled to compensation.

On February 12, 2004, the ERRC and NEKI jointly filed a complaint with CEDAW relating to the illegal sterilization under the CEDAW optional protocol. In support of the victim's claims, a brief was prepared by the Center for Reproductive Rights. The Center underlined that consent and the right to information are critical components of any sterilization procedure, and that human rights are violated when sterilization is performed without the full and informed consent of the patient.

In the case of Ms. A.S., by sterilizing a woman without her fully informed consent, Hungary, through the doctors at the public hospital, violated her right to decide on the number and spacing of children. As a result of the non-consensual sterilization that was performed, the woman no longer has, and will never have the freedom to make decisions as to the number and spacing of children.

In August 2006, the Committee found the Hungarian government to be in violation of the Convention. The Committee recommended the government provide appropriate compensation to Ms. A.S., review domestic legislation on the principle of informed consent in cases of sterilization and ensure its conformity with international human rights and medical standards. And in connection with that, consider amending the provision in the Public Health Act, which allows a physician "to deliver the sterilization without the information procedure generally specified when it seems to be appropriate in given circumstances," and monitor public and private health centers including hospitals and clinics that perform sterilization procedures to ensure that fully informed consent is given before any sterilization procedure is carried out, with appropriate sanctions in place in the event of a breach.

The Committee also requested the Hungarian government to submit to the Committee, within six months, a written response, including any information on any action taken in the light of the views and recommendations of the Committee. But still, a year later, in 2007, in its concluding comments, the Committee expressed concern at the Hungarian government's failure to implement the recommendations and again urged the government to "provide appropriate compensation to Ms. A.S."

Only in 2008, following the Committee recommendations, the Hungarian Government amended the Public Health Act to ensure that appropriate information be given to patients in the context of sterilization procedures to ensure informed consent. And in February 2009, the government declared its willingness to pay an adequate compensation to Ms. A.S.

The compensation means not only justice to A.S., but the Hungarian Government's recognition of its obligations to all women under international law. It is an important step forward in ensuring respect for the optional protocol of the CEDAW Convention. "We hope that Hungary's actions will serve as an example to other countries, like the Czech Republic and Slovakia, where the problem of coercive sterilization still has not been fully addressed," said Ostalinda Maya, ERRC's Women's Rights Officer.