Fikfak, Veronika; Kos, Ula Aleksandra; Pérez, Edward; (2025) Submission to the Expert Inquiry on Human Rights Aspects of the Greenlandic Contraception Cases. [Digital scholarly resource]. https://humanrights.gl/en/node/317

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Abstract

In this submission, we analyse the potential human rights violations of the Contraception policy implemented by Denmark in Greenland between 1960 and 1991, with some consideration given also to the practices adopted after this date. Our analysis is based on the case law of the European Court of Human Rights (ECtHR/the Court). The European Convention of Human Rights (ECHR/Convention), of which Denmark is a member, applies across the whole of Denmark and Greenland. The events are analysed from the perspective of three articles of the Convention: Article 3 (ill-treatment), Article 8 (family and personal life) and Article 14 in conjunction with Articles 3 and/or Article 8 of the Convention (discrimination in the enjoyment of rights protected under Articles 3 and 8). We find that much of what happened could be qualified as a violation of these rights. We then proceed to outline the range of remedies that those shown to have suffered as a result of the involuntary contraception policy would be entitled to. We argue for both high individual compensation amounts as well as the need to monetarily redress the communitarian harm stemming from individual cases of human rights violations through ‘community development funds’. As regards non-monetary remedies, we note that remedies adopted should redress the victims’ harm along four different axes: justice, restitution and rehabilitation, satisfaction, and compensation. Investigation, prosecution and sanction are intended to accord victims justice. Remedies that aim to provide restitution and rehabilitation are intended to ensure victims are able to recover from the violations suffered. In contraception cases, these require the provisions and access to physical and mental healthcare for the victims. This may require the creation or strengthening of the conditions of health centres, including teaching and training of personnel. Remedies pursuing satisfaction to the victims to redress their harm can extend from acknowledgements and apologies to assurances of non-repetition. These include comprehensive reparations frameworks to address all victims and often require a new legal framework to advance reparations in all similar cases. In this context, we map out a range of remedies European states have adopted to redress similar type of human rights violations. We do not limit ourselves to the individual cases of women affected by the involuntary contraception policy but also consider the harm caused to the Indigenous community as a whole.

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