Indirect discrimination of Roma women

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.