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Challenges Faced by Roma Women: Child Birth Allowance Case Study

This study examines the indirect discrimination of Roma women in Slovakia regarding child birth allowance denial if they leave the child in the hospital without consent. The research reveals discrepancies in the application of this policy, particularly among Roma women in Eastern Slovakia. Through a questionnaire survey conducted by the National Centre for Human Rights, cases, affected groups, and reasons for non-compliance were identified. The study questions the neutrality of the provision and its disproportionate impact on the protected group. While the measure aims to prevent benefit misuse and ensure health protection, denying the allowance may penalize infants for their mothers' actions, sometimes necessitated by other obligations. The conclusion highlights the indirect discrimination based on Roma origin in social security, emphasizing the need for effective protection of rights under national and international frameworks.

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Challenges Faced by Roma Women: Child Birth Allowance Case Study

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  1. Indirect discrimination of Roma women Slovak national centre for human rights

  2. Child birth allowance • social welfare benefit aimed to help parents bear the costs related to a birth of a new family member • since 2005 – stricter criteria for grantingthis benefit child birth allowance is denied to mother that left the child in a hospital without doctor’s consent

  3. Indirect discrimination of Roma women? • Accepted standard – women after delivery and her child stay in a hospital for a certain period (minimum 5 days). • This practise is often not respected by Roma women in Eastern Slovakia.

  4. Questionnaire survey • carried out by the Centre • questionnaires sent to hospitals near by Roma settlements • information about number of cases, effected group, reasons for escapes,proposals from medical staff

  5. „Mother of the child is not entitled to a child birth allowance if, after delivery, she left the child in a hospital without doctor's consent.“ = apparently neutral provision

  6. Is there a disproportionate effect on protected group? • YES • (following the information from media, NGO's reports and information from questionnaire survey carried out by the Centre)

  7. Legitimate aim? • YES • measure to prevent misuse of child birth benefits • health protection of mother and her child

  8. Is the measure proportionate and necessary? • NO • denying the benefit is sanctioning a baby for its mother’s action • sometimes there are relevant reasons for leaving hospital (need to take care of other children at home)

  9. SNCHR’s conclusion • Indirect discrimination on the ground of Roma origin in the area of social security. • The legal provision in question does not allow an effective protection and actual performance of rights guaranteed under Constitution of the Slovak republic and under relevant international conventions.

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