Resolution CM/ResDH(2012)56[1]
Execution of the judgment of the European Court of Human Rights
K.H. and others against the Slovak Republic
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”)[2],
Having regard to the judgment transmitted by the Court to the Committee once it became final;
Case name (App. No.)
Judgment of
Final on
K.H and others (32881/04)
28/04/2009
06/11/2009
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;
Having invited the authorities of the respondent State to provide an action plan concerning the measures proposed to execute the judgment;
Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see action report, document DH‑DD(2011)264);
Having noted that the respondent State paid the applicant the just satisfaction, as provided in the judgment;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
ACTION REPORT of 5 April 2011
App, No. 32881/04
K.H. and others, judgment of 28104/2009, final on 08111/2009
Introductory case summary
This case concerns a failure to ensure respect for the applicants’ private and family lives and a limitation imposed on the applicants’ access to a court. In 2002, the domestic authorities’ refused to allow the applicants, eight Slovak women of Roma ethnic origin, to photocopy their own medical records when they suspected that their infertility might have resulted from a sterilisation procedure performed in hospitals during caesarean deliveries, denying them the opportunity to bring a claim for damages (violation of Arts.8 and 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
28 000 euros
8 000 euros
36 000 euros
Paid on 22/01/2010
b)Individual measures
According to the legislation introduced in 2004 (see below - general measures), seven of the applicants were able make photocopies of their files. In relation to the second applicant, who was informed that her medical record was lest, the European Court considered that she should seek redress before the domestic courts as regards any alleged negligent handling of her medical records.
II.General measures
a) Legislation
Section 16 of the Health Care Act 1994, which granted patients or their legal representative the right to receive only excerpts from medical records, was repealed on 01/01/2005 by the Health Care Act 2004. Section 25 of the 2004 Act expressly empowers patients or those authorised by them to make copies of medical records.
b) Publication and dissemination
The judgment was published in the Justična Revue No. 6-7/2009.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Slovakia has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
In Bratislava, 5 April 2011
Marica Pirošíková
Agent of the Government of the Slovak Republic
before the European Court of Human Rights
[1] Adopted by the Committee of Ministers on 8 March 2012 at the 1136th Meeting of the Ministers’ Deputies.
[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec(2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.
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