A.S. v. Hungary, Hungary, CEDAW Committee, 2006.
Andrea Szijjarto was sterilized without her informed consent by a Hungarian hospital during an emergency cesarean section procedure. While in a state of shock due to blood loss, Szijjarto was asked to provide her written consent to tubal ligation by signing an illegible hand-written note describing the procedure in terms she did not understand. Szijjarto charged the hospital with negligence in failing to obtain her full and informed consent to the coerced sterilization. Both the town and county courts held that the hospital was at least partially negligent in its legal duties to Szijjarto, but rejected her claim and appeal for failure to prove a lasting handicap and causal relationship between permanent loss of reproductive capacity and the conduct of the hospital’s doctors. The Committee on the Elimination of Discrimination Against Women held that Hungary violated Szijjarto’s rights under article 10(h) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on access to information on family planning, article 12 guaranteeing women appropriate medical services in connection with pregnancy, and paragraph 1(e) of article 16 on a woman’s right to freely choose the number and spacing of her children. The Committee recognized the serious consequences of coercive practices including forced sterilization under its General Recommendation No. 21, and held that the Hungary had violated Szijjarto’s right to information on family planning and the sterilization procedure. The Committee also held that lack of informed consent constituted a breach of the obligation under article 12 and General Recommendation No. 24 to ensure the delivery of acceptable medical services in a manner that respects a woman’s dignity. Accordingly, the Committee recommended the State provide compensation to Szijjarto and amend its Public Health Act allowing doctors’ discretion to administer sterilization procedures when “appropriate in given circumstances.”
A.T. v. Hungary, Hungary, CEDAW Committee, 2005.
A.T. is a Hungarian woman whose husband subjected her to continued domestic violence resulting in her hospitalization and ten medical certificates documenting separate incidents of abuse. Hungarian law did not provide a mechanism for A.T. to obtain a protection order against her husband, and accordingly, A.T. submitted a motion for injunctive relief for her exclusive right to the family apartment. The Budapest Regional Court denied the motion and held that A.T.’s husband had a right to return and use the apartment, stating that A.T.’s battery claims against him lacked substantiation and that the court could not infringe on her husband’s right to property. Her complaint to the Committee called for the introduction of effective and immediate protection for victims of domestic violence in Hungary, as well as effective interim measures to prevent irreparable damage to A.T.’s person in accordance with article 5, paragraph 1 of CEDAW’s Optional Protocol. The Committee held that Hungary’s domestic violence jurisprudence was deeply entrenched in gender stereotypes which constituted a violation of Hungary’s obligation under article 2 of CEDAW to promote gender equality through appropriate legislation. Hungary’s lack of specific legislation to combat domestic and sexual violence led the Committee to conclude that the State had violated its article 5 obligation to eliminate prejudices and customs grounded in female inferiority, and article 16 obligation to end discrimination against women in matters relating to marriage and the family. The Committee recommended that Hungary enact domestic and sexual violence legislation and allow victims to apply for protection and exclusion orders which forbid the abuser from entering or occupying the family home.