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Romani Women from Central and Eastern Europe

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Refugee Women’s Resource Project, Asylum Aid March 2002 Romani Women from Central and Eastern Europe: A ‘Fourth World’, or Experience of Multiple Discrimination CONTENTS ACKNOWLEDGEMENTS 8 OVERALL INTRODUCTION 10 1.GENDER VIOLENCE AND RACE / ETHNICITY 10 2. GENDER VIOLENCE, RACE-BASED VIOLENCE AND LACK OF STATE PROTECTION 12 3. CONTEXTUALISING THE EXPERIENCE OF ROMANI WOMEN ASYLUM SEEKERS 13 3.1 The deterioration of living conditions and safety for Roma 13 3.2 The Emergence of the Roma Issue in Europe 15 4. WHAT DO WE KNOW ABOUT ROMANI WOMEN? 17 5. OBJECTIVES AND METHODOLOGY 20 6. STRUCTURE OF THE REPORT 21 SECTION I ROMANI WOMEN’S RIGHTS: General considerations INTRODUCTION 28 PART I ROMANI WOMEN’S RIGHTS IN THE EYES OF THE ROMA: PROVISIONS AND DEBATE 30 I.1. The provisions of the International Romani Union’s Charter 30 I.2. The debate about Romani women’s rights 31 I.3. Traditional values, cultural identity and Romani women’s rights 31 I.4. Resistance to recognize Romani women’s rights 32 PART II TRADITIONAL NORMS/STRUCTURES RE: ROMANI WOMEN 36 II.1. Gender roles dominated by patriarchal norms 36 II.2. Early marriage and social responsibilities for girls 38 PART III TRADITIONAL BELIEFS/CONCEPTS IN RELATION TO WOMEN 40 III.1. The marime/mokadi code / the notion of pollution of the woman’s body 40 III.2. Contamination by Women 41 III.3. Sexual Taboos 42 PART IV DOMESTIC VIOLENCE AND SEXUAL ABUSE AGAINST ROMANI WOMEN 44 IV.1 Violence within the community 44 IV.1.1 Prevalence of domestic violence 44 IV.1.2 Social discrimination and/or conflict and domestic violence 46 IV.1.3 Incest and sexual assault 48 IV.2 Sexual violence perpetrated by non-roma 48 PART V TRADITIONS & EXTERNAL CONSTRAINTS: THE IMPACT ON ROMANI WOMEN’S ABILITY TO SEEK THEIR RIGHTS 50 V.1 The weight of traditions 50 V.1.1 Domestic violence & sexual abuse: taboo subjects 50 V.1.2 The stigmatization of victims of sexual assault 51 V.2 The limitations of traditional roma justice 52 V.2.1 ‘Autonomous Romani legal system’ 52 V.2.2 Women’s issues dealt by the kris 53 V.2.3 Autonomous legal system in practice: domestic violence 54 V.3 Obstacles to recourse to state justice 55 V.4 Roma mistrust and authorities unwilling to interfere 57 CONCLUSION 59 2 SECTION II: Romani Women in the Czech Republic, Poland and Romania ROMANI WOMEN IN THE CZECH REPUBLIC 61 INTRODUCTION 61 PART I: ROMANI WOMEN’S EXPERIENCE OF RACISM AND XENOPHOBIA 63 I.1 Background 63 I.1.1 The Roma Minority 63 I.1.2 Racism and Xenophobia against Roma 64 I.1.3 General public opinion towards minorities and Roma 64 I.1.4 Racially motivated crimes 65 I.2 Romani women’s experience of racist violence and xenophobia 68 I.2.1 Right to safety violated 68 I.2.2 Evidence of sexual assaults and rape 69 I.2.3 Social discrimination 70 I.3 Evidence of lack of state protection 75 I.3.1 Official measures to fight discrimination 76 I.3.2 Anti-discrimination legislation inadequate 77 I.3.3 Political commitment ‘unproven’ 79 I.3.4 No enforcement powers locally 80 I.3.5 International provisions not enforced 81 I.4 Police’s failure to protect against racist crimes 82 I.4.1 Failing to investigate & prosecute 82 I.4.2 Major obstacles to guarantee protection for Roma 83 1.4.2.1 Police complaint procedures 84 1.4.2.2 Police training standards 85 1.4.2.3 No trust in police protection 87 1.4.2.4 Protection denied for Romani women victims of sexual crimes 87 I.5 Why the legal system fails roma people 88 I.5.1 Legislation about discrimination and racist crimes 89 I.5.2 Denial of justice: from access to the courts to judicial interpretation 89 I.5.2.1 Discrimination in accessing the justice system 89 I.5.2.2 No remedy when racism is denied in court 91 I.5.2.3 Human rights / discrimination yet to be ‘understood’ by judges 93 I.5.3 Racism in the penitentiary system 94 I.5.4 Meaningful state protection non-existent 96 PART II CONTEXT OF ROMANI WOMEN’S RIGHTS IN THE CZECH REPUBLIC 98 II.1 General legal provisions re: women’s rights 98 II.2 Romani women facing sexual crimes and abuses 98 II.2.1 Domestic violence 99 II.2.2 Rape 100 II.2.2.1 Legislation 100 II.2.2.2 Prevalence 100 II.2.2.3 Public perception 101 II.2.2.4 Procedure on reporting rape cases 101 PART III: CASELAW IN THE UK AND AROUND THE WORLD 103 III.1 ‘No Meaningful Access to Protection’: New Zealand 105 3 III.2 Protection ‘available, adequate, and sufficient’ according to IRBC 105 III.3 Meaning of Persecution and State Protection in the Czech Republic: 106 UK examples Conclusion 109 Annex: Trends in asylum application and decisions 110 ROMANI WOMEN IN POLAND 112 INTRODUCTION 112 PART I ROMA WOMEN’S EXPERIENCE OF RACISM AND XENOPHOBIA 114 I.1 Background 114 I.1.1 Roma in Poland 114 I.1.2 General public opinion towards Roma 115 I.1.3 Minorities rights 115 I.1.4 Racially motivated crimes 116 I.2 Romani women’s experience of racist crimes 117 I.2.1 Violation of their right to safety 118 I.2.2 Sexual abuses in the context of Racism 118 I.2.3 The impact on Romani women’s mental health 119 I.2.4 Brief overview of Social discrimination 120 I.3 Police protection 122 I.3.1 No adequate protection 122 I.3.2 Disciplinary procedures 123 I.3.3 Roma mistrust of Police forces 123 I.3.4 Police training in issues of racism and discrimination 123 I.4 Inefficient and inadequate governmental measures 125 I.5 Asylum Case law: No persecution and No Tolerance of Discrimination 127 PART II ROMANI WOMEN’S RIGHTS IN POLAND: CONTEXT OF ABUSE AND PROTECTION ISSUES 128 II.1 General legal provisions in relation to women’s rights 128 II.2 Domestic Violence 129 II.2.1 Prevalence 129 II.2.2 Social context 130 II.2.3 Legal provisions on domestic violence 130 II.2.4 Government Measures 131 II.2.5 Protection in practice 132 II.2.5.1 Police handling of domestic violence 132 II.2.5.2 The Court handling of domestic violence crimes 135 II.3 Women victims/survivors of Rape 137 II.3.1 Prevalence 137 II.3.2 Current legal provisions 138 II.3.3 Issues of protection and access to justice 138 II.4 Trafficking of Romani women 139 II.4.1 Evidence 139 II.4.2 Legal provisions and protection issues in practice 140 Conclusion 142 Annex: Trends in Asylum applications and decisions 144 4 ROMANI WOMEN IN ROMANIA PART I ROMANI WOMEN’S EXPERIENCE OF RACISM AND XENOPHOBIA 146 I.1 Background 146 I.1.1 Roma in Romania 146 I.1.2 General public opinion towards Roma 147 I.1.3 Legal provisions on discrimination and protection of Roma rights 148 I.1.4 Discrimination ‘not dealt with’ 151 I.1.5 The ‘New’ nature of racially motivated crimes 151 I.2 Romani women’s experience of racism and discrimination 152 I.2.1 Violation of their right to safety 152 I.2.2 Social rights undermined by discrimination 153 I.3 Police: the source of the problem? 154 1.3.1 Impunity for police violence 155 1.3.2 Racism in the police force 155 1.3.3 Police training on racism and discrimination 155 I.4 Judicial authorities sanction mistreatment of roma 157 I.4.1 A ‘biased’ judicial system 157 I.4.2 Legal immunity for police 158 PART II ROMANI WOMEN’S RIGHTS IN ROMANIA: CONTEXT OF ABUSE AND ISSUES OF PROTECTION 160 II.1 Roma women’s status in the context of women’s rights 160 II.1.1 Legal provisions in relation to women’s rights 160 II.1.2 Romani women and social rights 161 II.1.2.1 Economic and social status 161 II.1.2.2 Traditional romani values 162 II.2 Violence against women: prevalence and access to protection 163 II.2.1 Domestic violence 163 II.2.1.1 Prevalence 163 II.2.1.2 Domestic violence in Romanian society 165 II.2.1.3 Official measures against domestic violence 166 II.2.1.4 Legal provisions on domestic violence 166 II.3 Access to protection against domestic violence in practice 168 II.3.1 Shortcomings in the legal provisions 168 II.3.1.1 Definition not inclusive 168 II.3.1.2 Access to justice: another obstacle 169 II.3.2 Lack of information 169 II.3.3 Cultural barriers 169 II.3.4 Economic harshness 170 II.3.5 Police handling of domestic violence 170 II.3.6 Lack of physical and witness protection scheme 172 II.3.7 The court handling of domestic violence cases 173 II.4 Women and children victims of sexual abuse 174 II.4.1 Prevalence 174 II.4.2 Current legal provisions 175 II.4.3 Difficulties with prosecution of sexual crimes/rape 175 II.4.4 Lack of other forms of support 176 II.4.5 Police handling of sexual violence cases 177 II.5 Violence against women at the hands of state agents 177 II.6 Trafficking of women 178 II.6.1 Prevalence 178 II.6.2 Victims and perpetrators 179 II.6.3 Legislation on trafficking 179 II.6.4 Police accused of connivance 180 II.7 Failure of state protection for all forms of violence against women 180 5 CONCLUSION 182 Annex: Trends in Asylum applications and decisions 184 OVERALL CONCLUSION: ISSUES OF PROTECTION AND INTERNAL FLIGHT 186 RECOMMENDATIONS 188 SECTION III: BIBLIOGRAPHY INCLUDING INTERNET LINKS 191 GENERAL INTRODUCTION 192 SECTION I 194 ROMANI WOMEN IN THE CZECH REPUBLIC 197 ROMANI WOMEN IN POLAND 202 ROMANI WOMEN IN ROMANIA 205 OVERALL CONCLUSION AND RECOMMENDATIONS 209 6 ACKNOWLEDGEMENTS This report was written by Sophia Ceneda (MSc.
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