Attachments: Roma Women in the European Union-Report to European Parliament 2006.pdf
 
 
WUNRN
http://www.wunrn.com
 
Attached is the Report to the European Parliament on the
Situation of Roma Women in the European Union 2006.
 
European Roma Rights Centre Website:
http://www.errc.org/About_index.php

European Roma Rights Centre
Statement on Romani Women’s Rights

On the Occasion of the Organization for Security and Co-Operation in Europe-OSCE
Human Dimension Implementation Meeting
October 3, 2006, Warsaw

Contact: Ostalinda Maya Ovalle: + 36 70 602 58 31
errc@errc.org

In recent years, attention by some grassroots 
activists, civil society groups, national 
governments and international organisations to 
violations of the fundamental rights of Romani 
women has increased. As a result, some positive 
steps have been taken. For example, the European 
Parliament recently adopted a report on the 
situation of Roma women in Europe (1) and there 
has been an increase in research and programmes 
specifically focussing on Romani women. However, 
despite these positive steps, the worrying 
situation of many Romani women has hardly 
changed, if it has changed at all. Romani women 
continue to face pressure by families and 
communities to comply with certain customs and 
traditions degrading to women. At the same time, 
they also suffer widespread discrimination in the 
realisation of a number of fundamental human 
rights. In some cases, Romani women have suffered 
extreme harms at the hands of public officials, 
including via practices such as coercive 
sterilisation. Despite pressure to do otherwise, 
some Romani women are increasingly raising their 
voices and speaking out to challenge abuse. These 
actions have however frequently been met with 
either contempt or further attacks and repression 
on the parts of their families and communities, 
public media, government officials and even some 
civil society groups. Summaries of some ERRC 
concerns in the field of Romani women’s rights follow below.

Coercive Sterilization

Romani women have been subjected to coercive 
sterilization in a number of European countries. 
Some Western European governments (Sweden, for 
example) have established compensation mechanisms 
for victims, but have not yet recognised the 
racial-targeting aspects of these systemic harms. 
In a number of countries of Central and Eastern 
Europe, these practices have continued to the present day.

The situation in the Czech Republic and Slovakia 
involves systemic and as yet un-redressed 
practices affecting many hundreds of women. 
Efforts to coercively sterilise Romani women in 
the Czech Republic and Slovakia have arisen as a 
result of a combination of factors including but 
not necessarily limited to: (i) the unaddressed 
legacy of eugenics in Central and Eastern Europe, 
which continues to influence medical practice in 
these countries to today; (ii) a general vacuum 
of respect for patients' rights; (iii) particular 
contempt for the moral agency of Romani women; 
and (iv) “concern” at high levels of Romani birth 
rates. As a result of these, hundreds of Romani 
women have suffered extreme harms at the hands of 
doctors. These issues have been raised regularly 
by domestic and international agencies since the 
late 1970s. As yet, however, no action by either 
government has been sufficient to provide 
adequate remedy to victims, or even to stop the practice once and for all.

In the Czech Republic, Slovakia and Hungary, some 
Romani women victims of coercive sterilisation 
have pressed justice claims, with only limited success to date:
·       In the Czech Republic, in December 2005, 
the Czech Public Defender of Rights (“Ombudsman”) 
published a report acknowledging the practice, 
following investigation of many tens of claims. 
In his report, the Ombudsman stated: “The Public 
Defender of Rights believes that the problem of 
sexual sterilisation carried out in the Czech 
Republic, either with improper motivation or 
illegally, exists, and Czech society has to come 
to terms with this.” This important recognition 
notwithstanding, to date, the Czech government 
has neither apologised to the victims, nor 
established a mechanism for remedy, nor 
recognised the racial-targeting aspect of the 
issue. Indeed, Czech courts have only provided 
remedy in two cases, and in one of these cases 
refused to provide financial compensation to the victim.
·        In Slovakia, actions by the government 
in response to these issues have been primarily 
malicious. In response to complaints by a number 
of Romani women, the Slovak Ministry of Health 
directed hospitals not to release the records of 
the persons concerned with the legal 
representation of the victims. Slovak 
prosecutors  despite extensive advice not to do 
so  opened investigations for the crime of 
genocide, a crime so serious that evidentiary 
standards could not be met, and they then 
predictably concluded that this crime had not 
been committed, ending their investigation into 
the matter. The same authority has repeatedly 
released misleading information to the media, 
deliberately perpetuating a state of delusion 
about the matter currently prevailing among the 
Slovak public. Slovak police investigating the 
issue urged complainants to testify, but 
reportedly warned a number of them that their 
partners might be prosecuted for statutory rape, 
since it was evident that they had become 
pregnant while minors; under this pressure, a 
number of victims withdrew complaints.

In an important breakthrough at international 
level, in August 2006, the UN Committee on the 
Elimination of Discrimination against Women 
(CEDAW) condemned Hungary for violating the 
Convention on the Elimination of All Forms of 
Discrimination against Women in connection with 
the sterilisation of a Romani woman without her 
consent in January 2001. Ms. S. had been admitted 
to hospital following a miscarriage and was 
sterilised without being provided with 
information she could understand on the 
implications of the procedure. The CEDAW 
Committee ruled that Hungary’s failure to provide 
Ms. S. with due compensation for the act violated 
international human rights law.

Domestic Violence

In a recent survey carried out among 237 Romani 
women in Macedonia, over 70% of the women 
interviewed stated they had been victims of 
violence at the hands of their partners, their 
in-laws and other members of their families. The 
national average is 23%. The great majority of 
these incidents go underreported due to a number 
of factors: First, violence against women is 
accepted in some Romani families. Secondly, there 
is the fear of being ostracised and shamed by 
their communities and families. Thirdly, 
perpetrators of violence against women are rarely 
held accountable for their acts, which 
discourages women from seeking legal help. 
Fourthly, Romani women fear further victimisation 
on the part of the police and/or others. In 
addition, there are a number of practical issues 
that make it virtually impossible for women to 
escape these situations. These include lack of 
alternative housing, inadequate economic means to 
survive on their own, and/or lack of employment opportunities.

Despite these barriers, some Romani women, often 
in desperate situations, have begun challenging 
domestic violence. To date, however, few if any 
of these efforts have been successful. Reactions 
on the part of law enforcement officials 
frequently involve either refusing to accept 
complaints and/or further victimising the women 
concerned with insults and threats. Out of the 
237 Macedonian Romani women interviewed, 34 had 
reported instances of domestic violence to the 
police ; 20 (or 59%) of these women stated that 
the police subjected them to racial prejudice and 
degrading treatment. In only 5 out of 34 reported 
cases (15%) did the police actually intervene. 
One Romani woman in Macedonia told researchers, 
When 43-year-old D.D. from Stip sought police 
assistance after having been beaten by a member 
of her family, the police official to whom she 
turned reportedly stated, “You Gypsies fight 
amongst yourselves all the time. You have to 
solve your problems among yourselves.” (2)

Child Marriage

Child marriage continues to take place in many 
countries of Europe with impunity.(3) Child 
marriage and the serial human rights abuses 
associated with it are problems present in a 
number of Romani communities throughout the OSCE region.

In one recent case coming to the attention of the 
ERRC, in Caras Severin County, Romania,  M.S., a 
10-year-old Romani girl, was sold byher parents 
to the parents of D.M., a 17-year-old youth. The 
contract for the arrangement specified that M.S. 
would bear at least two children. Romanian 
authorities may have provided a modicum legal 
recognition for the arrangement by agreeing to 
the adoption of M.S. by the parents of D.M. 
Apparently no adequate investigation of the 
circumstances of the “adoption” was undertaken by 
Romanian child protection authorities. At the age 
of 12, M.S. gave birth by caesarean section to a 
child, but was told by doctors not to have any 
more children. At this point, the parents of D.M. 
attempted to reclaim the dowry from the parents 
of M.S., citing default of contract. This 
conflict came to violence between the two 
families, and the Romanian authorities were 
alerted for a second time. Romanian police have 
pursued legal action against D.M., who is now 
reportedly 19 years old, for the crimes of 
trafficking and sex with a minor. He now faces a 
significant term of imprisonment. However, the 
parents of D.M. and the parents of M.S. have to 
date faced no legal consequences whatsoever for their actions.

The case of M.S. and D.M. is a particularly 
extreme example of events which befall thousands 
of Romani children and youths every year. As in 
this case, authorities almost without exception 
abandon the victims to the perpetrators, and/or 
(as in the case of D.M. and M.S.) fail to 
prosecute the main agents of the abuse. There has 
not yet been any real effort on the part of any 
significant domestic or international authorities 
to address the problem of child marriage in the 
Romani community, and to a certain extent civil 
society groups are mute on the issue or even 
actively discourage discussion of the issue.

Child marriage exposes girls to sexual abuse and 
exploitation. Child marriage precludes girls from 
attending school and thereby results in 
nullification of the right to education, as well 
as diminished employment opportunities. Child 
marriage also has significant impacts on the 
health situation of Romani girls and any children 
they may bear. Rates of infant mortality are 
increased and Romani girls faced increased risk 
of complications during pregnancy and delivery, 
which may lead to death. Girls who have fallen 
victim to child marriage are rendered extremely 
dependent on their husbands and husbands’ 
families and are therefore at high risk of 
poverty and/or further exploitation in the event 
of any subsequent disruption to the family.(4) 
Victims of child marriage also face heightened 
vulnerability to domestic violence. Indeed, as 
the case of D.M. and M.S. shows, persons 
negatively affected by these practices are not 
only the girls themselves, but countless others, 
starting with (but not limited to) the child groom.

Trafficking in Human Beings

Poverty, discrimination and marginalisation are 
entangled factors making Romani women and 
children particularly vulnerable to trafficking 
in human beings. Many Roma continue to struggle 
to fulfil their basic needs such as food and 
housing and face difficulties in obtaining 
identity documents (such as birth certificates) 
necessary to gain access to basic social 
services. Furthermore, patriarchal traditions 
that put women in a subordinated role to men 
place female members of these communities at 
particularly high risk of falling prey to 
trafficking. Special attention needs to be paid 
to combating the exploitation of girls, as milder 
forms of exploitation such as forced begging are 
sometimes an entry to more severe forms of 
exploitation such as sexual exploitation. Certain 
instances of trafficking occur as a result of a 
lack of knowledge and misinformation on the part 
of the family. States should work to combat all 
the factors (internal and external) that increase 
the vulnerability of Roma to trafficking 
including by combating corruption and identifying 
victims. Prosecution of the victim for crimes 
related to illegal entry to the country or 
similar should be avoided, and programmes should 
be developed to ensure that any and all returns 
to countries of origin take place with due 
consideration to the maximum dignity and safety of the victim.

Inequality

Romani women face compound discrimination on the 
basis of race and sex. School segregation and 
employment discrimination are reported in many 
countries of Europe. Many Romani women work in 
the informal economy without access to social 
benefits or other forms of social protection. A 
recent study carried out by Open Society 
Institute found that 54 percent of Romani women 
in Romania worked informally in jobs that 
provided no benefits or formal work agreements. 
On October 4, the ERRC will publish a 
pan-European report on Roma and access to health 
care, highlighting among other things 
discrimination issues facing Romani women in 
particular in the health care systems of 
Europe.(5) Developments in the field of 
anti-discrimination law in Europe in recent years 
have not been matched by comparable gains by Romani women.

Policies addressing inequality between women and 
men tend to disregard the particular issues 
facing Romani women. This can be linked to the 
fact that political representation of Romani 
women remains extremely low nearly everywhere. In 
Hungary, two Romani women were elected as 
European Parliamentarians, providing an important 
voice for Romani women. Representation at the 
European level has yet to be matched at national 
level. Not a single Romani woman is currently 
serving a term in any national parliament in any 
European country. Representation of Romani women 
at local level is similarly weak.

Conclusion

Human rights progress concerning Roma generally 
is impossible without significant advances in the 
field of Romani women’s rights. Systemic abuses 
by states and extreme harms carried out in the 
name of “traditional values” need once and for 
all to be ended. In the course of the ERRC’s work 
on women’s rights we have witnessed a pattern: 
The courage of Romani women in challenging 
violence and human rights violations is met with 
only limited support by NGOs; the silence of 
government officials; family and community 
pressure to capitulate to harms; and law 
enforcement and other officials respond to 
reports of human rights abuse with humiliating or 
demeaning comments, as well as by refusing to 
undertake any effective action to secure the 
dignity of the victims. To change this situation 
once and for all, unambiguous commitments putting 
human rights first are required from the highest 
levels. Governments of the OSCE region are called 
upon to make and act upon such commitments.


(1) 
http://www.europarl.europa.eu/omk/sipade3?PUBREF=-//EP//NONSGML+REPORT+A6-2006-0148+0+DOC+PDF+V0//EN&L=EN&LEVEL=0&NAV=S&LSTDOC=Y

(2) Research by the European Roma Rights Centre, 
the Roma Center of Skopje, and UNIFEM, involving 
a group of young Romani women undertaking 
research toward a submission to the United 
Nations Committee on the Elimination of Discrimination Against Women, 2004.

(3) Council of Europe report on forced marriages 
and child marriages, at: 
http://assembly.coe.int/main.asp?Link=/documents/workingdocs/doc05/edoc10590.htm

(4) For more information on the negative impacts 
on girls of child marriages please see UNICEF 
2005 Report Early Marriage: A Harmful Traditional 
Practice at http://www.unicef.org/publications/index_26024.html

(5) European Roma Rights Centre, “Ambulance Not 
on the Way: The Disgrace of Health Care for Roma 
in Europe”, October 2006, available by contacting the offices of the ERRC.




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