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Indirect discrimination of Roma women

Explore the issue of indirect discrimination against Roma women in Slovakia's child birth allowance system. The stricter criteria for granting this benefit disproportionately affect Roma women, raising questions of fairness and human rights violations. The Slovak National Centre for Human Rights conducted a survey to investigate the impact on affected groups and assess the legitimacy of the policy. The conclusion highlights the need for more effective protection of rights guaranteed by the Constitution and international conventions.

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Indirect discrimination of Roma women

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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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