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Discrimination of Migrant and Refugee Women on the Labour Market in Germany and Hungary

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Discrimination of Migrant and Refugee Women on the Labour Market in Germany and Hungary Discrimination of migrant and refugee women on the labour market in Germany and Hungary Szilvia Sipos Spring Semester 2020 Student Thesis in Law, 15 Credits [Master’s programme in Law, Gender and Society] Supervisor: Lena Wennberg Abstract I wrote my thesis about the discrimination of women, focusing on migrant and refugee women on the labour market in Germany and Hungary. First of all, it was essential to review the relevant legal sources of the European Union, as well as the two above mentioned countries. The central concepts of my study are the discrimination – as a legal concept, used socio- legally to examine how women face discrimination -, as well as intersectionality – as the theory to understand and discuss the unequal treatment, and how the women’s situation can be improved -. The study aimed to analyze the countries separately due to inter alia the level of development of the issue preventing and combating discrimination against women. From discriminating women on the labour market I narrowed down my research to discriminating migrant, afterwards refugee women in each country. 1 Table of contents Introduction ...................................................................................................................................... 2 The aim of the study ......................................................................................................................... 2 Research questions ....................................................................................................................... 3 Central concepts ........................................................................................................................... 3 Method ............................................................................................................................................. 4 Intersectionality ................................................................................................................................ 5 Legal sources .................................................................................................................................... 7 EU Directives ............................................................................................................................... 7 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin ............................................ 8 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ....................................................................... 8 The resolution of European Parliament of 5 July 2016 on refugees ............................................ 9 Policy levels in Germany and Hungary ........................................................................................ 9 Hungary – Act 2003/CXXV. .................................................................................................... 9 Germany – General Act on Equal Treatment (AGG) ............................................................. 11 Discrimination/anti-discrimination of women ............................................................................... 11 Germany ..................................................................................................................................... 11 Hungary ...................................................................................................................................... 12 Is Hungary on the right way to prevent discrimination against women? – An unplanned chapter ..................................................................................................................................... 13 Discrimination/anti-discrimination of migrants ............................................................................. 15 In Germany ................................................................................................................................. 15 In Hungary .................................................................................................................................. 17 Definitions – The difference between refugees and migrants ........................................................ 17 Refugees on the labour market ....................................................................................................... 19 Refugees on the German labour market – with focus on women ............................................... 19 Refugees on the Hungarian labour market ................................................................................. 20 Multi-disadvantaged situation of migrant and refugee women in each country ............................ 21 Conclusions and discussion ............................................................................................................ 25 1 Introduction One of the enormous challenges of the 21st century is to fight against discrimination. Several examples appear in the daily life; it could be based on – include, but not limited to – gender, race, ethnicity, conviction, handicap, age or sexual orientation.1 I decided to write my thesis about the topic discrimination/anti-discrimination on the labour market of two member states of the European Union: Germany and Hungary. Due to the broadness of the topic I will focus on discrimination of women and refugees, until I narrow down the topic to the discrimination of refugee women on the labour market of Germany and Hungary. The motivation of mine why I chose this topic is personal, as well. My country of origin is Hungary and the country where I currently live is Germany. Due to these facts I had the possibility to get a more widespread overview of these counties’ current situation in connection with migration as well as how they handle the occurred refugee crisis, what is no doubt, that an actual and significant issue and challenge to solve not only for the two above mentioned countries, but for the whole European Union, as well. Mainly in Germany it is visible in every bigger city, that at a significant part of the lower paid job sectors, within gastronomy or service like bakeries, cleaning companies or restaurants (kitchen aids) mostly foreigners are employed. Naturally, a significant part of these employees are women, who don’t only face discrimination due to their gender, due to their race, mother tongue, country of origin (without aiming an exhaustive list), as well. That is why I found it important to examine the situation of migrant and refugee women in the two countries and how their situation could be improved. The central concepts of my research are direct and indirect discrimination according to EU law, as well as intersectionality. The aim of the study The aim of my study is to analyze the situation of migrant and refugee women on both countries labour market to examine the multi-disadvantaged situation of them and to expose the occurrent 1ERA EU Anti-Discrimination Law https://era-comm.eu/eu-anti-discrimination-law/ (Accessed May 24, 2020) 2 incompleteness. By discovering those, the possibility is given to find out solution suggestions to improve their situation. Research questions At the end of my research, I would like to answer the following questions: How do women face discrimination on the labour market in Germany and Hungary? How does being a migrant limit the possibilities on the labour market? Are there higher expectations towards refugees than towards other migrants? Which roles do race and religion play? How to improve the multiply disadvantaged situation of refugee women? Central concepts The law of the European Union defines different types of discrimination (not only) in the workplace. First of all, it defines direct discrimination, when an employer treats one worse than other in a comparable situation, in relation to age, sex, disability, ethnic or racial origin, religion and belief, or sexual orientation. Secondly, indirect discrimination is where a practice, policy or rule that applies to everyone has a negative effect on some people. These measures seem neutral at first sight, but actually discriminate against certain people. Harassment, as another form of discrimination, which is an unwanted conduct , bullying or other behavior that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment. Instruction to discriminate is considered as a form of discrimination, as well as victimization, where people suffer negative consequences in reaction to a complaint about discrimination.2 2 European Commission – Employment, Social Affairs and Inclusion „Combating Discrimination in the workplace” https://ec.europa.eu/social/main.jsp?catId=1437&langId=en (Accessed 24 May, 2020) 3 Method First of all, I will present the legal material, which is essential to get answers for the questions. It is necessary to circumscribe the legal sources I will start with reviewing the relevant parts of EU Directive 2000/43 about implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, as well as EU Directive 2000/78, which establishes a general framework for equal treatment in employment and occupation. After that I will study the policy levels of each country, which all can help to come to the conclusion. Several publications were written which are related to my study, as well as each country’s statistical office provides data,
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