Prague - Two Czech women say they wished to give birth at home but the Czech legal system did not allow it. In response, Sarka Dubska and Alexandra Krejzova filed a lawsuit with the European Court of Human Rights in Strasbourg.
After bad experiences when delivering her first baby in a hospital, Sarka Dubska opted for a home birth in 2010. However, she failed to find a birth assistant in her place of residence. Neither the local authorities nor her health insurance company helped her. Eventually, Dubska gave birth at home alone, without any assistance.
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Alexandra Krejzova had two home births with the help of a birth assistant, but she had to deliver her third baby in a hospital because she failed to find a birth assistant that would be willing to attend a home birth and, by doing so, risk a fine of as much as CZK 1 million (EUR 39,000).
The Czech state does not allow the exercise of the right to give birth at home by not providing adequate health care and assistance, said Krejzova's lawyer Adela Horejsi.
If the Strasbourg court rules in favor of the women, the Czech Republic will have to change its laws on giving birth, said Horejsi.
Home birth is not explicitly prohibited by Czech law, but there are no clear rules on this option. Moreover, a new legislation came into force in April 2012 that introduced a fine of as much as CZK 1 million for birth assistants that attend a home birth.
Currently there are no birth assistants in the Czech Republic who would openly admit they attend home births.
"If a women wants to give birth at home and is interested in a birth assistant, it is done in secret, or by phone or Internet," said Government Human Rights Commissioner Monika Simunkova.
Czech Birth Assistant Union (UPA) director Katerina Hajkova Klicova said that the number of unassisted home births have increased in the Czech Republic since 2012. "Moreover, home births are often assisted by non-medical staff, various esotericists and lay midwifes," she said.
According to unofficial data, there are only 350 and 500 home births per year out of the total number of almost 110,000 in the Czech Republic.
