Sexual Violence Against Migrant Women in Europe: A Need for Change and Greater Protection

Irregular migration and seeking asylum to the European Union can be dangerous for women. The paths they take lead many of them to their deaths. What’s more, forced to flee their countries of origin, they are more vulnerable to sexual violence. Even in their host country, they are more victims of gender-based violence (GBV) than the general European population. Faced with this situation, European legislation must be strengthened to protect the rights of these women.

The EU has made gender equality a fundamental value, and protecting women from violence a priority. All member states have individually ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the EU Charter of Fundamental Rights and other European legislation incorporate certain CEDAW principles. However, a third of women in the EU have still suffered violence. While European women are beginning to speak out, the violence suffered by migrant women, particularly sexual violence, is often invisible. According to the World Health Organization, a “sexual violence is any sexual act, attempt to obtain a sexual act, or other act directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting”. As the number of immigrants throughout the European union continues to grow, so do cases of sexual violence against them. Therefore, Europe is not a safe place for migrant women and girls. The status of migrant women makes them vulnerable to this type of violence. The situation of those women and girls constitutes a violation of human rights as well as international law. There is thus a need to address this problem at European level.

A status that makes women and girls vulnerable

Migrant women suffer violence at every stage of their migration: this violence is perpetrated by a considerable number of actors who mark their journey. Migrants that travel without legal documentation are particularly vulnerable to exploitation and abuse. Research has proven that authors of GBV are often someone known by the victim. However, authors of GBV against refugees and migrants are also strangers that have power over them: the power imbalances that mark migration increase the risk of violence for this community.

Violence along migration routes

Along the paths taken to get to Europe, migrants often have to resort to a smuggler to make their journey easier. Women travelling alone or with children are particularly vulnerable to attack from smugglers and traffickers. In addition to sexual assaults, women and girls are victims of what the UNHCR calls “transactional sex” (UNHCR, 2021). Transactional sex is “a non-marital, non-commercial sexual relationship, motivated by an implicit assumption that sex will be exchanged for material support or other benefits” (UNHCR, 2021, p.8). In the refugee context, women are pressured to exchange sexual favors to ensure their passage to Europe. Therefore, the lack of financial means widens the power imbalance and perpetrators of migrant GBV tend to be those that hold some form of authority over the victim (Tan & Kuschminder, 2022). Along migration routes, border crossings and roadsides are common areas where the risk of GBV victimization is higher, sometimes to the point where transactional sex is perceived as normalized or even expected.

Violences in the host country

If studies show that there is violence in transit, the violence doesn’t stop once in the host country. The power imbalance still exists in Europe and authorities such as border guards, local police or employers become potential perpetrators. Transactional sex isn’t left outside the borders of the EU either: the economic precariousness that comes with being a migrant pushes some to resort to transactional sex to survive. This economic precariousness leads to other forms of vulnerability: the fact that women often change accommodation increases their risk of being subjected to violence than if they could live in their own home. Camp accommodation also has its dangers: these camps crowd all the migrants together without being equipped with non-mixed spaces.

A status that makes it difficult to report violence

Migrant women and girls are more likely to suffer sexual violence than the rest of the population. However, in addition to the obstacles encountered by all women, there are other barriers to reporting such violence.

Institutional barriers

Administrative insecurity is a major obstacle to reporting abuse. Whether waiting for a residence permit or in the country illegally, going to the authorities is associated with the fear of deportation and identification leading women to remain silent. Deportation means going back to a situation they fled and often separation from their children.

Cultural barriers

Some refugees have a legal status but still may not report crime because of cultural barriers. They may not speak the language of their host country making it difficult to communicate what they have experienced. There is also the fear of ostracization within their community. Finally, as GBV can be normalized along the migration routes, victims might not consider themselves to be victims so they don’t seek help unless there are physical concerns like a pregnancy.

The need to reinforce protection

Legal frameworks exist around the issue. The EU has incorporated a gender-based approach to its asylum system. For instance, the Reception Conditions Directive states that asylum seekers should have access to housing, food, health, medical and psychological care, and employment while their claims are being examined. However, the actual situation makes it clear that there is a need to strengthen them. Since the 1951 Convention of refugee rights does not recognize gender as a group, ensuring that asylum processes recognize gender-based violence as grounds for protection would be a good way to start.

Improving support systems in the EU also seems necessary. The inadequate accommodation conditions increase the risk of GBV: expanding shelters and including non-mixed zones, and providing psychological support would help the situation.

Moreover, there is the need to create pathways to seek protection from GBV without fear of consequences. Deportation or detention shouldn’t force a woman to remain silent. Training and raising awareness among NGOs, law enforcement and border officials about GBV must be implemented to have services that are safe and trustworthy for refugees, asylum seekers and undocumented migrants.

Finally, a change in migration policy is needed: by tightening the EU’s borders, member countries are increasing the demand for smugglers and the prices they charge, thus increasing the vulnerability of migrant women and girls (Freedman, 2016). Ensuring safe and legal routes to enter Europe and creating better reception conditions would help decrease the number of sexual violence committed against migrant women.

Conclusion

The EU is committed to combating GBV. To meet this commitment and combat the vulnerabilities of migrant women, more effective services are necessary for those who come to Europe. The fight against GBV must take into account the violence suffered by immigrant women as well as the one suffered by nationals. While this article is focused on sexual violence against women and girls, it is also essential to not overlook violences committed against boys and men. We must not forget than men and boys can also be victims of sexual violence and should also be protected.