In Daniele Archibugi & Ali Emre Benli (eds.), Claiming Citizenship Rights in Europe: Emerging Challenges and Political Agents. London: Routledge. pp. 130-147 (2018)

Olga Lenczewska
University of North Carolina at Wilmington
This paper discusses the importance of informed medical consent through a case study examines the implications this case had for the medical rights of EU citizens. I start by describing a case of a Slovakian national of Roma origin against the Government of Slovakia, which appeared at the European Court of Human Rights in 2007-2012. The twenty-year old woman, who had been sterilized at a Slovakian hospital during the birth of her second child, claimed that the procedure took place without her full and informed consent, and argued that the doctors’ decision was connected to the society’s long-standing negative attitude towards Roma people. After presenting the background of the case and the legal proceedings, I discuss the relevant national and European law in order to explain the positions of both sides and the rulings of the courts. I conclude by putting the case in a wider context of racial discrimination in the EU and providing a policy analysis regarding both the Slovakian and the European policies toward the Roma minority.
Keywords political philosophy  international relations  medical agency  philosophy of law  European studies  civil rights
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