C Explanatory memorandum, by Ms Woldseth,
rapporteur
1 Introduction
1. During the campaign “Stop domestic violence against
women” conducted by the Council of Europe in 2006-2008,
Note the
Parliamentary Assembly stressed the need to pay special attention
to women who were migrants or of migrant origin.
Note Faced
with twofold discrimination founded both on their gender and their ethnicity,
Note when subjected to violence
in their families these women must overcome additional obstacles
linked to the language barrier, their legal status, and family and
cultural background, making it more difficult for them to avail
themselves of protection and rehabilitation facilities.
2. Pursuant to the motion for a resolution tabled by Ms Memecan
and others,
Note the Committee on Equal Opportunities
for Women and Men was instructed to draw up a report on
Migrant women: at particular risk
from domestic violence and appointed me rapporteur on 12 September
2008. In connection with the preparation of the report, the committee
held an exchange of views in Paris on 23 March 2009 with Ms Stéphanie
Condon, researcher at the National Institute of Demographic Studies
(INED, France), and Olga Trostiansky, Chairperson of the French
branch of the European Women’s Lobby.
3. It should be recalled that violence against women, especially
domestic violence, is a serious and widespread breach of human rights
which affects all Council of Europe member states and all social
strata, and thus is not a peculiarity of migrant communities. At
the same time it must be acknowledged that victims from migrant
communities are confronted with specific problems. This situation
calls for a special approach taking into account the cultural context
of migrant communities. The specific difficulties – and possible
greater risk from domestic violence – concern a disparate group
of women whose migration histories and individual situations may
vary.
Note For my part, I will examine the
situation of newly arrived women who do not have the nationality
of the host country, although women of migrant origin (second or
third generation) may also be faced with difficulties related to
the cultural or social context. The situation of female refugees
and women who are illegal immigrants will not be dealt with specifically
in this report.
4. Violence against women is understood to mean “any act of gender-based
violence, which results in, or is likely to result in, physical,
sexual or psychological harm or suffering to women, including threats
of such acts, coercion, or arbitrary deprivation of liberty, whether
occurring in public or private life”.
Note In
the context of violence against migrant women which is the main
focus of this report, Committee of Ministers Recommendation Rec(2002)5
on the protection of women against violence furthermore defines
domestic violence as ”violence occurring in the family or domestic
unit, including, inter alia, physical and mental aggression, emotional
and psychological abuse, rape and sexual abuse, rape between spouses,
regular or occasional partners and cohabitants”.
2 Recognising the specificities of domestic
violence in migrant communities for its better containment and prevention
5. The violence suffered by women in migrant communities
is a phenomenon still not properly grasped in Europe – and possibly
manipulated, in Europe’s tense migratory context. Some empirical
studies have been carried out. However, as Ms Condon underlined
during the exchange of views held in Paris on 23 March 2009 by the
Assembly Equality Committee, data-collection systems vary significantly
from one country to the next: for instance, the definition of “migrant
women” used in the national surveys varies from the basic “foreign women”
(Spain) to the whole range of female migrants and female descendants
(Germany). Comparative data are therefore not available in Europe
at present.
6. It should also be underlined that women in migrant communities
with patriarchal traditions sometimes suffer certain forms of domestic
violence because they are sisters, daughters or wives. Certain studies
seem to show that there is a continuum of forms of gender-based
violence that occur within women’s families or immediate circles.
According to Ms Condon, the national surveys can help to contextualise
the forms of violence and the motives for gender-based violence,
taking account of family and social backgrounds and perceptions
of relationships between women and men.
7. It is difficult to assert that migrant women undergo more
or less violence than women from the host societies. I should like
to limit myself to giving some figures:
7.1 In Spain, where foreign nationals represent 11.3% of the
total population, 12.1% of women migrants (as against 6% of Spanish
women) indicated in 2006 that they had been victims of violence
at the hands of their (former) spouse at least once in their lives.
Among foreign women, 4.8% (compared to 2% of Spanish women) declared
themselves abused by their (former) spouse within the past year.
In 2008, foreign women represented 44.3% of the total number of
victims surveyed, compared to only 22.9% in 2004.
Note
7.2 According to the information forwarded by the 50 crisis
centres in Norway, 56% of the women who asked for help in these
centres in 2006 were of a non-Norwegian ethnic origin (as against
45% in 2003). Although one-third of these women were exposed to
violence committed by a Norwegian spouse, the majority had undergone
violence in families of non-Norwegian ethnic origin.
Note
7.3 In Ireland, migrant women represented 23%-33% of the persons
who availed themselves of the service providers for victims of domestic
violence in 2007.
Note
8. These figures bear witness to the specific difficulties encountered
by these victims, requiring specific action. Such action must be
initiated in order to propose protection and prevention strategies
suiting the cultural context, and a wider offer of services to these
populations.
9. The language barrier, stereotypes, racism and gender-based
forms of discrimination are so many difficulties encountered by
migrant women in Europe. Often newly arrived women are victims of
social isolation and pressure from the family. Lack of social autonomy
is compounded by the question of their legal status. In many countries
of origin, the family codes and rules of personal status keep women
in an inferior position. In the host country, where they enter by
virtue of family reunion their authorisation to stay and reside
often depends, for a probationary period, on their spouse’s permit.
Making a complaint and/or seeking divorce on the ground of violent
acts signifies, in this case, a highly probable return to the country
of origin and/or rejection by their own family.
10. This situation places many migrant women subjected to domestic
violence at a disadvantage, often deterring them from making a complaint
against a violent partner or spouse. Moreover, migrant women insufficiently
use the assistance and protection services offered by the state
because they do not master the language, because their existence
is unknown to them or because use of social services is not a usual
cultural practice.
Note
11. It should be further noted that the types of violence against
women recorded within migrant communities in Europe can take extreme
and singular forms (so-called “honour” crimes, immolation by fire,
forced marriages, female genital mutilation) justified within these
communities on assertive grounds of “honour”, ancestral practices
or patriarchal culture attended by social control over women. Specific
works of the Committee on Equal Opportunities for Women and Men
address these extreme forms of violence.
Note Besides, the
Assembly has repeatedly made pronouncements on these subjects, particularly
to reject all cultural or religious relativism that might prompt
states to evade their obligation to stamp out all forms of violence
against women.
Note
12. I am delighted that the Ad Hoc Committee on Preventing and
Combating Violence against Women and Domestic Violence (CAHVIO)
Note has
recognised that the situation of migrant women deserves particular attention
during the drafting of a future Council of Europe convention: migrant
women are among "marginalised, vulnerable populations or populations
of different cultures", and "a comprehensive and co-ordinated legal
approach" is needed in order to bring into line "the respective
fields of law (criminal law, civil law, family law, immigration
law etc)" and to "maintain (their) effectiveness". In this context,
the future convention "should take into account the particular vulnerability
of certain victims such as … migrant women".
Note
13. The violence committed by men against their wives or partners
may also be aggravated by racism, discrimination and the sense of
helplessness or social exclusion.
Note Thus
the combating of violence against women in migrant communities is
closely linked with migrant integration policies, but also with
better provision in migration policies for the gender dimension
and gender-specific effects of these policies.
3 Adopting national strategies to combat and prevent
domestic violence in migrant communities, afford victims better
protection and build their capacities
3.1 Consolidating the status of migrant women in the
Council of Europe member states
14. In numerous proceedings the Assembly has called upon
the Council of Europe member states to act with diligence to combat
violence against women, and to reject all cultural relativism that
might be invoked to justify practices inimical to human rights.
With regard to violence against women, it is necessary to rule out
any interpretation of a cultural or religious kind (founded on the Shariah for example) that could
be used to minimise or justify acts of violence against women in
migrant communities, particularly in the private sphere.
15. In its
Resolution
1478 (2006) on Integration of immigrant women in Europe,
the Assembly stressed the need to enhance the status of migrant
women entering Europe by virtue of family reunion. It invited the
member states to “grant immigrant women arriving under family reunification
arrangements a legal status independent of that of their spouse,
if possible within one year of the date of their arrival” (para.
7.1.1).
Note In
its
Resolution 1617 (2008) on
the state of democracy in Europe - specific challenges facing European democracies:
the case of diversity and migration, the Assembly called on the
Council of Europe member states to consider giving migrant women
a legal status independent of that of their spouse (para. 17.1.5).
16. Some states, such as Sweden, have introduced machinery to
facilitate the granting of independent status and a separate residence
permit to migrant women who are victims of domestic violence. The
United Kingdom laid down a procedure known as the “domestic violence
rule” in 2002 enabling an abused migrant woman, on production of
evidence
Note, to obtain leave to stay
in her own right.
Note In 2007, France
amended the code on the entry and residence of foreigners and on
asylum. Accordingly, in the case of foreign spouses, when the couple
are no longer living together because of conjugal violence perpetrated
by the other spouse, the administrative authority must not withdraw
the residence permit of the foreigner granted residence in the context
of family reunion and may renew the permit, and spouses who suffer
violence after arriving in France are granted temporary residence
permits marked “private and family life”. Foreign women can therefore
obtain protection, “on condition that the prefect applies the 2007
law favourably”.
Note
17. However, considering the covert nature of domestic violence
and the linguistic, financial and sometimes administrative difficulties,
ignorance of these measures or family coercion if steps are taken,
the effectiveness of the measures is limited. So it seems indispensable
for migrant women to be promptly granted an independent status in
their own right.
18. Preventing violence against women in migrant communities,
moreover, makes it necessary to consolidate the place and the role
of migrant women in the societies of the host country, through the
adoption of capacity-building and economic and social empowerment
measures (literacy and other training; access to the labour market).
Here too, men’s involvement in the migrant communities proves crucial
in making a success of strategies to empower women and combat violence
against them.
Note The combating
of violence against migrant women must therefore come within integrated,
comprehensive and co-ordinated policies which must not only protect
victims but also guarantee their fundamental rights and promote
equality between women and men (including in migrant communities),
build the capacities of migrant women, promote their access to an independent
life and encourage their participation in public and political life.
Note
3.2 Promoting the adoption of specific government
action plans
19. Several states in Europe have chosen to adopt national
action plans dedicated to the protection of victims of intra-family
violence in migrant communities.
19.1 In
Norway, the Action Plan on Domestic Violence (2004-2007) allowed
funding for the launch of a project to enable victims’ shelter centres
and local support services to acquire proficiency and knowledge
relating to the needs of abused migrant women, accompanied by a
training programme for the staff concerned. These measures have
been supplemented by an action plan to combat forced marriages (2008-2011).
Note
19.2 In Germany, Action Plan II on Fighting Violence against
Women adopted in 2007 seeks to improve the protection of women migrants
(particularly those from Turkey and the countries of eastern Europe)
who, according to the studies carried out, are more prone to domestic
violence than German women. These measures include co-operation
with migrants’ associations, awareness-raising and tutoring programmes
aimed at women, actions aiding the integration of male and female
migrants, and international action to promote the prevention of
forced marriages and the enhancement of women’s role.
Note
19.3 Belgium is contemplating improving migrants’ access to
the Belgian legislative apparatus in respect of marital violence
when preparing its next national action plan 2008-2011
Note.
19.4 In 2007 after the passage of a General Principles Act
1/2004 on means of total protection against gender-based violence,
the Spanish Government adopted a plan for addressing and preventing
gender-based violence in foreign migrant populations (2009-2012)
comprising five objectives: information, training of the staff concerned,
awareness-raising, provision suited to the circumstances of foreign women
victims of gender-based violence as well as the development of instruments
for statutory reforms and co-operation between migrants’ organisations
and women’s organisations
Note.
19.5 Lastly, the Final Declaration of the Council of Europe
Conference of Ministers responsible for Migration Affairs held in
Kyiv on 4 and 5 September 2008 called on the Committee of Ministers
of the Council of Europe to implement an action plan to “continue
to develop measures to promote and protect the human rights of especially
vulnerable migrants and persons of immigrant background, taking account
of their specific needs and the challenges with which they are confronted,
in particular … [to] develop preventative measures and support
services for elderly migrants and isolated migrant women to avoid,
in particular, situations of vulnerability and abuse".
Note
4 Working with the migrant communities and the countries
of origin to further the prevention of violence against women
4.1 Support to the work of non-governmental organisations
20. As was emphasised during the Council of Europe campaign
“Stop domestic violence against women” (2006-2008), non-governmental
organisations (NGOs), in direct contact with the victims, perform
a highly significant role. The services which they offer prove particularly
important in affording migrant women access to arenas of expression,
building their capacities and where necessary referring them to
protection, assistance and rehabilitation facilities.
Note
21. Migrant women’s access to the counselling and assistance services
made available by secular bodies founded on observance of the gender
equality principle appears to me crucial in this respect. The action
of these NGOs, which cater for specific publics, ought not to be
considered contrary to the principle of non-discrimination, according
to a recent pronouncement of the United Kingdom’s highest court.
NoteNote
22. In the same connection, recourse to parallel structures, particularly
the religious tribunals able to intervene in certain civil matters
(such as marriage, divorce and inheritance), should be dismissed,
even where the solutions proposed by these tribunals require the
ultimate endorsement of national justice.
Note Admittedly
the pressure brought to bear on migrant women to go before these
tribunals (approachable in the migrants’ mother tongue) in the event
of family problems is very strong. But acts of domestic violence
also come under criminal law and must lead to the punishment of
the perpetrators. The remedies offered by these “tribunals” rely
on religious principles (often discriminatory towards women) and
may, when the mediation procedure is over, deter women from making
a complaint – and from gaining access to the proper protection and
rehabilitation facilities.
4.2 Enlisting contact people within the migrant communities
23. At the domestic violence hearing on “Changing mentalities:
challenges and opportunities” organised in Istanbul on 6 December
2007 by the Committee on Equal Opportunities for Women and Men,
Note the media group
Hürryiet (Turkey) presented its awareness campaign to raise the
general public’s opposition to violence against women. Since 2005
Hürryiet has specifically targeted the Turkish immigrant community
in Germany with the publication of news reports condemning violence
against Turkish women. A telephone line has been provided so that
women of Turkish nationality or origin can be put in touch with
Turkish-speaking counsellors and social workers. This initiative
relies on a network of voluntary helpers.
Note
24. Some governments have produced publications specifically intended
for migrants. In its information guide on equality between women
and men of migrant origin, the French Ministry responsible for social cohesion
and equality lists the practices forbidden in France and the types
of violence that can befall women of migrant origin, together with
practical information on where to go for advice and assistance.
Note The German Ministry
for its part has issued a publication entitled
Tatort Familie (“Crime scene, the
family”) also distributed in Turkish, Russian, Serbian and Croatian,
and Arabic.
4.3 Strengthening co-operation with the countries
of origin to promote women’s rights and the prevention of violence
against women
25. The place given by migrant communities to women is
closely linked with the status which they are granted in their countries
of origin. Here attention is drawn to the definite legislative advances
noted by our committee. Let us mention for example Turkey (introduction
of stringent measures to combat violence against women), Algeria
(with the launch of a national strategy to combat violence against
women in May 2007) and India (enactment of a law against domestic
violence).
26. During her fact-finding visit to Morocco in October 2008,
Note the
Assembly rapporteur Antigoni Papadopoulos (Cyprus, ALDE) also found
that there was genuine political resolve to promote the status of women
and combat violence against women, backed by a very active civil
society. These NGOs also deal with women from Moroccan communities
settled in Europe. However, the enforcement of these laws and their acceptance
in society often remain insufficient. These legislative advances
are often unknown in the migrant communities.
27. Under their programmes of co-operation and foreign aid, the
member states of the Council of Europe and the European Union can
thus play an essential part in bolstering women’s rights, promoting
equality in civil law and combating the violence inflicted on women
in the countries of origin, on the basis of international instruments
such as the United Nations Convention on the Elimination of All
Forms of Discrimination against Women. In this connection, it is
my view that the Council of Europe’s North-South Centre could play
an important role in fostering co-operation between migrants’ countries
of origin and of destination and agreeing trans-Mediterranean strategies
for combating violence against women.
28. I also note with interest that the CAHVIO has begun a discussion
of "appropriate international co-operation in respect of certain
kinds of violence".
Note It would in fact be damaging for a
migrant woman victim of domestic violence usually resident in a
Council of Europe member state not to be able to benefit from the State's
protection simply because she has been transferred, with her consent
or forcibly, to a third country. I consider that support must therefore
be given to the work of the CAHVIO, and that the future convention
should envisage provisions "to ensure that the fact that victims
are abroad does not constitute an impediment to their participation
in the proceedings or to the exercise of their rights".
Note
5 Recommendations
29. The Parliamentary Assembly should reiterate that
any form of violence against women, domestic violence included,
is unacceptable and constitutes a grave violation of human rights.
Cultural relativism cannot be invoked to justify practices that
infringe the fundamental rights of migrant women and women of migrant origin.
30. The Assembly should acknowledge that owing to the language
barriers, the administrative impediments and the cultural context,
particularly in migrant communities marked by a strong patriarchal
culture, migrant women can be exposed to an aggravated risk from
domestic violence.
31. The Assembly should consequently invite the member states
to:
31.1 adopt suitable strategies
for combating domestic violence and ensuring the protection of victims from
migrant communities, notably through:
- the granting of a legal status in their own right to migrant
women who have joined their spouse through family reunion, if possible
within not more than one year after the date of arrival;
- the gathering of statistics broken down by gender and
community providing better insight into the nature and magnitude
of the phenomenon, so that adequate strategies may be adopted;
- the provision of suitable assistance and protection services,
including an interpretation service for victims;
31.2 adopt dedicated action plans addressing the specific needs
of migrant women who are victims of violence, domestic violence
included;
31.3 include the combating of domestic violence against migrant
women in integrated and co-ordinated public policies geared to the
building of migrant women's capacities and to equality between women
and men.
32. The Assembly should also invite the member states to adopt
active policies on prevention of violence against women in migrant
communities, notably through:
32.1 increased
support to the non-governmental organisations that protect, assist
and mentor victims of domestic violence, with due regard to equality
between women and men and to the furtherance of human rights;
32.2 the promotion of active policies for integrating migrants
and combating racism and xenophobia;
32.3 men’s involvement in strategies to combat violence against
women in migrant communities;
32.4 reinforced co-operation with migrant women’s countries
of origin aimed at encouraging these states to:
- improve the status of women
and reinforce their position in society;
- adopt policies combating violence against women;
- ensure the effective use of apparatus for preventing and
combating violence against women;
- disseminate information on legislative advances in equality
between women and men targeting the foreign nationals, particularly
women, resident in the Council of Europe member states.
33. The Assembly should moreover invite the Ad hoc Committee responsible
for drawing up a Council of Europe convention on violence against
women and domestic violence (CAHVIO) to take account of migrant women’s
specific needs and to include in the future convention international
co-operation provisions, concerning judicial co-operation in criminal
matters, co-operation on the prevention of various forms of violence against
women and the provision of protection and assistance to victims.
***
Reporting committee:
Committee on Equal Opportunities for Women and Men
Reference to committee: Doc. 11613, reference
No. 3470 of 27 June 2008
Draft resolution and recommendation unanimously adopted by
the committee on 23 June 2009
Members of the committee: Ms Pernille Frahm (Chairperson),
Mr José Mendes Bota (First
Vice-Chairperson), Ms Ingrīda Circene (Second
Vice-Chairperson), Ms Anna Čurdová (Third
Vice-Chairperson), Ms Sonja Ablinger, Mr Francis Agius, Mr Florin Serghei Anghel, Ms Magdalina Anikashvili,
Mr John Austin, Mr Lokman Ayva, Ms Marieluise Beck, Mr Ioannis Giannellis Theodosiadis, Ms Deborah
Bergamini, Mr Laurent Béteille, Ms Oksana Bilozir,
Ms Rosa Delia Blanco Terán, Ms Olena Bondarenko,
Mr Pedrag Bošković, Mr Han Ten Broeke (alternate: Mr Paul Lempens), Ms Anna Maria Carloni,
Mr James Clappison (alternate: Mr Tim Boswell),
Ms Diana Çuli, Ms Lydie Err, Ms Catherine Fautrier, Ms Mirjana Ferić-Vac,
Ms Sónia Fertuzinhos, Ms Doris Frommelt, Ms
Alena Gajdůšková, Mr Giuseppe
Galati, Ms Claude Greff,
Mr Attila Gruber, Ms Carina Hägg, Ms Fatme Ilyaz, Ms Francine John-Calame, Ms Nataša Jovanoviċ,
Ms Birgen Keleş, Ms Krista Kiuru, Ms Elvira Kovács, Ms Angela Leahu, Mr Terry Leyden, Ms Mirjana Malić,Ms Assunta Meloni, Ms Nursuna Memecan, Ms Danguté Mikutiené,
Mr Burkhardt Müller-Sönksen, Ms Hermine Naghdalyan, Ms Yuliya Novikova,
Mr Mark Oaten, Mr Kent Olsson,
Ms Steinunn Valdis Óskarsdóttir,
Ms Antigoni Papadopoulos,
Mr Jaroslav Paška (alternate: Ms Tatiana Rosová),
Ms Mª del Carmen Quintanilla Barba, Mr
Frédéric Reiss, Ms Mailis Reps, Ms Maria Pilar Riba Font, Ms Andreja Rihter, Mr Nicolae Robu, Ms Jadwiga Rotnicka, Ms Marlene
Rupprecht, Ms Klára Sándor,
Ms Miet Smet, Ms Albertina Soliani, Ms Darinka Stantcheva, Ms Tineke
Strik, Mr Michał Stuligrosz,
Ms Doris Stump, Mr Mihal
Tudose (alternate: Ms Maria Stavrositu),
Ms Tatiana Volozhinskaya, Mr Marek Wikiński,
Mr Paul Wille, Ms Betty Williams
(alternate: Baroness Anita Gale),
Mr Gert Winkelmeier, Ms Karin S. Woldseth, Ms Gisela Wurm, Mr Andrej Zernovski, Mr Vladimir
Zhidkikh, Ms Anna Roudoula Zissi.
N.B.: The names of the members who took part in the meeting
are printed in bold
Secretariat of the committee: Ms Kleinsorge, Ms Affholder,
Ms Devaux
