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<p align="justify">14 February 1995<b><br><br>Doc. 7251</b></p>



<p align="justify"><b>REPORT</b> <b>on the situation of immigrant women in Europe</b></p>

<p align="justify"><b>(Rapporteur: Ms GUIRADO,</b> <b>Spain, Socialist Group)</b></p>

<hr size="1">


<p align="justify"><i>Summary</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Assembly recalls that women make up about half of the immigrant population in Europe.  They often encounter specific problems which member states' policies do not take sufficiently into account.  The Assembly is particularly concerned by their isolation and lack of independent legal status, which militate against their integration and make them extremely vulnerable to exploitation of all kinds.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Member states must ensure that the principle of equality of treatment between women and men also applies to immigrant women and must eliminate any discrimination against them, particularly as regards their legal status and the right to family reunion. Moreover, the Assembly invites the member states to develop specific training programmes for immigrant women, to encourage them to participate in social and political life and to give support to their associations.</p>

<p align="justify"><b>I. Draft recommendation</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Women make up almost half the immigrant population in Europe.  The integration policies adopted by the host countries do not appear to be sufficiently adapted to the specific needs and problems of this group.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly recalls its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1018"> Resolution 1018</a> (1994) and its Recommendation&nbsp;1229&nbsp;(1994) on equality of rights between men and women, as well as the declaration on equality of women and men adopted by the Committee of Ministers on 16 November 1988, according to which &quot;sex-related discrimination in the political, economic, social, educational, cultural and any other fields constitutes impediments to the recognition, enjoyment and exercise of human rights and fundamental freedoms&quot;. Immigrant women &#8212; no more than any other category of women &#8212; cannot be deprived of these rights and principles.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly is concerned by the situation of immigrant women, a large number of whom live at the margins of society and are confronted by more serious difficulties than those facing immigrant men.  When they are married, they are often confined to the home doing housework and isolated from the local community, without real opportunities to learn the language of the host country, thus further aggravating their isolation.  When they are employed, they are often doing menial jobs unconducive to greater autonomy or to their integration into the host society.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The situation of immigrant women often depends on the legal status of their husband or father and under existing policies they are considered to be dependents.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Owing to the difficulties that migrant women experience in obtaining a work permit, and when they lose their legal status as a result of divorce or the death of a husband, many of them are obliged to accept illegal work, which deprives them of adequate social protection and of fair remuneration.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Increasingly, immigrant women are organising and setting up associations with a view to defending their legitimate rights.  Although these bodies do not lack ideas for improving the situation of women, they are in need of support, especially of a financial nature, for carrying out analyses and surveys to back up their demands to the authorities of the host country.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly considers that the member states of the Council of Europe must do everything possible to eliminate the injustice and discrimination suffered by immigrant women and adopt measures aimed at their harmonious integration into society.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Consequently, the Assembly recommends that the Committee of Ministers:</p>

<p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; examine the effect of national laws on the legal status of immigrant women with a view to the elimination of all discrimination against them and to harmonisation in this field;</p>

<p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; study the question of obstacles to the acquisition of the nationality of the country of residence and to the recognition of dual citizenship allowing immigrant women to maintain ties with their society of origin while integrating into the host society;</p>

<p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; examine the question of the application of criteria specific to women in the refugee status determination procedure of the member states;</p>

<p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; foster the setting up of a European system for the collection of data relating to the situation of immigrant women.</p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly also recommends that the Committee of Ministers invite the member states:</p>

<p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to ensure equality of treatment for immigrant women before the law and in practice;</p>

<p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to recognise the right to family reunion for immigrant women and men without distinction;</p>

<p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to adopt legislation giving immigrant women an independent and autonomous right of residence (not tied to the residence status of their husband);</p>

<p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to grant immigrant women the right to a work permit independently of their family situation;</p>

<p align="justify">v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to give particular attention to the prevention of violent or degrading customs inflicted on immigrant women;</p>

<p align="justify">vi.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to develop vocational training schemes adapted to the situation and culture of immigrant women;</p>

<p align="justify">vii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to develop specific information programmes for immigrant women covering:</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; their rights;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; educational, vocational training and employment opportunities open to them in the host country;</p>

<p align="justify">viii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to ensure that the social services recruit and train their staff from amongst immigrant women, among others;</p>

<p align="justify">ix.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to encourage the participation of immigrant women in social and political life, to involve them in the taking of decisions concerning them and to support associations working towards this;</p>

<p align="justify">x.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to help associations of immigrant women to form networks by making financial means and premises available and through the training of staff from the community of immigrant women;</p>

<p align="justify">xi.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to ratify, if this has not already been done, the European Convention on the Participation of Foreigners in Public Life at Local Level, the European Convention on the Legal Status of Migrant Workers, the United Nations International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families and the United Nations Convention on the Elimination of All Forms of Discrimination against Women;</p>

<p align="justify">xii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; in determining refugee status, to take account of persecution on the basis of gender and of the specific threat to women represented by religious extremism;</p>

<p align="justify">xiii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to apply in their refugee policies the principles laid down in Conclusions No.&nbsp;64&nbsp;(1990) on refugee women and international protection adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees (UNHCR);</p>

<p align="justify">xiv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to encourage research on the situation of immigrant women.</p>

<p align="justify"><b>II. Explanatory memorandum</b></p>

<p align="justify"><b>by Ms GUIRADO</b></p>

<p align="justify"><b>Contents</b></p>

<p align="justify">Page</p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women: who are they?&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 7</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The limits of equality &#8212; common obstacles to </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;integration encountered by immigrant women&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 8</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women and the labour market&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 10</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; International legislation on immigrant women&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 12</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The activities under way at the Council of Europe&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 13</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Proposed action&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 14</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Conclusions&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 15</p>

<p align="justify"><b>1. Introduction</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Most European countries of immigration have been concerned for some time now to promote greater immigrant participation at every level of society, and have made respect for cultural diversity part of their integration policies.  An examination of immigrant women's situation in this context reveals both their specific problems in achieving real social and occupational integration and the importance to them of the limits set by a policy which respects cultural diversity.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is important to emphasise that both government policies and research have for a fairly long time overlooked, or said relatively little about, immigrant women.  The few reports, recommendations and conventions dealing with immigrant women have not done their work.  It is in the context of family reunification that women have frequently been mentioned in political texts.  Previous research has mainly referred to the problems of this social group, to which it attached a &quot;victim&quot; label.  It is therefore more of a recent idea to regard immigrant women as independent individuals capable of voicing their demands.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A good number of international fora are now highlighting the specific situation of immigrant women.  A new awareness that women make up almost half of Europe's immigrant population goes some way towards explaining the need to look for practical solutions to their problems.  To migration for the purposes of family reunification (as early as the late 1970s and during the 1980s) have to be added the immigration of single women and female women heads of one-parent families and a growing number of female asylum-seekers, persecuted on account of their personal status, their religious beliefs or non-belief or their political commitment.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; More specifically, women of non-European origin are drawn to Europe by the ideals of freedom and emancipation.  Most very quickly realise, however, that such freedom is inaccessible to them.  On their arrival in Europe they find themselves isolated again and frequently lose even the solidarity and security of the circle they would have had around them in their countries of origin.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is host countries' duty to guarantee on their territory the exercise of women's liberties and individual rights, free from any form of discrimination.  Existing policies nevertheless seem to have effects which are different for men and women, and there are numerous obstacles and forms of discrimination barring women's access to equality, both between nationals and foreigners and between women and men.  Being a woman is an additional handicap for immigrants.  In practice they suffer from a combination of socio-cultural and economic handicaps stemming from both their immigrant groups and the majority society.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is intended in this report to identify forms of discrimination common to all immigrant women and placing them in a vulnerable position.  Another aim is that of backing initiatives started by other Council of Europe bodies, including the activities under Project&nbsp;III.3, &quot;The integration of immigrants: towards equal opportunities&quot;, and the work of the Joint Specialist Group on Migration, Cultural Diversity and Equality of Women and Men.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Through the outstanding work they now do in neighbourhoods, schools, and so on, immigrant women are becoming agents of social change, distancing themselves from the stereotype of &quot;women re-joining their families&quot; as they strive for independent status and more control over their own lives.  The development of immigrant women's associations also demonstrates women's greater involvement in the course of their own social history.  Immigrant women are making themselves increasingly &quot;visible&quot; and demanding recognition of their human rights and freedoms.  This is one more reason for saying that they urgently need more power and more opportunities to play a part in the taking of effective decisions to improve their situation.</p>

<p align="justify"><b>2. Immigrant women: who are they?</b></p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The concept of &quot;immigrant women&quot; ought first to be defined, and not merely for statistical purposes.  One of the main reasons why it is so difficult to give accurate figures is that the countries of Europe have different definitions of immigrant status.  This question also needs answering so that account may be taken of new trends in immigration.  Former countries of emigration have turned into countries of immigration (Italy, Spain, Portugal and Greece) and have large complements of both European and non-European immigrants.  Generally speaking, immigrant women form an extraordinarily heterogeneous group.</p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; So a definition of immigrant women's groups and status is needed, for which various criteria must be applied:</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;wh&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ether women immigrated with a family member (&quot;passive&quot; immigration) or of their own accord (&quot;active&quot; immigration);&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;wo&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; men's legal status vi<i>s-à-vis t</i>heir state of residence (whether they arrived legally, and if so in which framework, or clandestinely; whether they are on their own or rejoining their families; whether they are immigrants or seeking political asylum);&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;th&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; eir marital and family situation;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;th&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; eir occupational situation (in or out of work, in legal or underground employment);&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;th&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; eir position in terms of generation &#8212; new migrants or second generation; where the latter are concerned, it should be mentioned that even those born in their country of residence and possibly holding its nationality frequently have to face discrimination similar to that experienced by immigrant women, in<i>ter alia b</i>ecause of their ethnic origin or their links (family, religious, etc.) with immigrant circles;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;th&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; eir origin (in each host country there are immigrant women with different national, cultural and linguistic origins).10</p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The situation of immigrant women who are nationals of countries of the European Union should be set apart.  Thanks to Community regulations concerning the free movement of persons, they encounter no legal obstacles in respect of residence permits, work permits, family reunification, etc.  Similarly, their European roots generally facilitate their integration, often enabling them to avoid the clichés usually associated with immigrant women.</p>

<p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Refugee women represent a specific category.  While detailed examination of this issue goes beyond the ambit of this report, your rapporteur would like to take the opportunity to draw attention to the need to adopt specific approaches to refugee women, who are more susceptible to various tensions and family problems and particularly exposed to sexual violence and to exploitation of their condition.</p>

<p align="justify">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Depending on the criteria adopted, an extremely wide variety of situations arises.  Proposals made with a view to improving immigrant women's condition therefore have to take account of considerable variations in their education, social background and cultural and ethnic origins.</p>

<p align="justify"><b>3. The limits of equality &#8212; common obstacles</b></p>

<p align="justify"><b>to integration encountered by immigrant women</b></p>

<p align="justify">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women's situation is influenced by important factors, including the cultural and structural environment of their countries of origin, the cultural and structural constraints within the immigrant community and the opportunities and obstacles that arise in their host society, both locally and nationally.  It is not an easy task to compare the respective situations of immigrant women from a variety of ethnic and cultural backgrounds, living in European societies which pursue different policies.  The countries of Europe have, each according to its tradition and its concept of the state, the nation and society, adopted differing immigration and integration policies.  Yet there are common features in the design and implementation of action relating to immigrants, and immigrant women in particular.</p>

<p align="justify">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Most receiving host countries closed their borders in the mid-1970s, leading virtually everywhere to a speeding up of the family reunification process.  That was when European countries started to draw up &quot;reception policies&quot; with a view to integrating immigrants into their societies.  Immigrants' feeling of exclusion was increased by the attitude of a society not yet ready to accept these immigrant communities.  In the circumstances, immigrants found a sort of refuge in their links with their societies of origin, their villages, their families.</p>

<p align="justify">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In this context the highly traditional view prevails that women's role is that of preserving traditions for future generations.  Girls, whether or not they have acquired the nationality of their country of residence, continue to bear the imprint of migration, of belonging to a different cultural system.</p>

<p align="justify">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The immigration of women was long regarded mainly as that of spouses and children outside the labour force, a consequence of the arrival of male workers.  Women arriving to rejoin their families were therefore regarded as dependents lacking personal status.  The conditions in which they arrived did not usually predispose them to learn the language of their country of residence and play a part in its society.  The time lag before appropriate integration policies were drawn up, and, to an even greater extent, the large number of clichés (such as the traditional male and female roles) underlying these, placed women in a situation dependent on that of their husbands.</p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The obstacles standing in the way of a genuine integration of immigrant women into their host countries may be divided into two groups: those originating in the host society and those existing within the immigrant community.  The difficulties arising in the host countries for the majority of women immigrants are:</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;le&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; gal status, which all too often depends on the restrictive conditions imposed on family reunification;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;im&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; migrant women's inferior position in respect of security of residence, the right to work, etc., stemming from legislation in force;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;di&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; scrimination in respect of employment;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;di&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; scrimination and access problems in the spheres of education and vocational training;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;we&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; aknesses and inconsistencies in the host country's legislation on equality between women and men.18</p>

<p align="justify">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The question of immigrant women's personal status is central to better integration.  Before an appeal is made to women to form a strategic group in favour of integration, they ought to be given real opportunities to gain independence and to come closer to equality with men.</p>

<p align="justify">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Women remain vulnerable to a number of forms of direct discrimination based upon gender in the fields of family reunification, the right of abode and of residence, social rights and access to nationality.  In some countries men are entitled to request family reunification, while women are not.  This is a particularly serious problem for female refugees.  The 1951 Convention relating to the Status of Refugees and its 1967 protocol ignore the principle of family reunification.  Refugee families' right to reunification consequently depends solely on national asylum policies and admission conditions, or on immigration policies which may or may not take account of the recommendations and instructions of the United Nations High Commissioner for Refugees (UNHCR).</p>

<p align="justify">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Women's residence and work permits in most European countries are linked to their status as migrants' spouses or daughters.  Thus, in the event of divorce, a woman may lose all her rights to residence and work.  Few countries have adopted legislation on a continuing right of residence for women after divorce.</p>

<p align="justify">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The cultural and structural constraints within the immigrant community, together with some attributes specific to immigrant women, are problems which place such women in a vulnerable position:</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;tr&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; aditional attitudes to girls' and women's work and education;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;ru&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ral origins and illiteracy;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;la&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; nguage problems (particularly for new migrants or first generation female immigrants, mothers);&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;la&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ck of occupational qualifications; &#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;is&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; olation of mothers of large families, who devote themselves to domestic tasks.22</p>

<p align="justify">22.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women's isolation makes them extremely vulnerable to a wide range of private violence and of customs, such as circumcision, early marriage, forced marriage, repudiation, polygamy, etc.  Confined with their community, sometimes as illegal immigrants, it is extremely difficult for them to defend themselves against these violations of fundamental human rights.  Thanks, <i>inter alia</i>, to an ongoing effort by immigrant women's organisations, with the support of European solidarity movements, progress can be seen to have been made in the most offensive cases, such as genital mutilation.</p>

<p align="justify">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The important part played by immigrant women's associations in integration and assistance deserves particular attention. These associations, usually in the best position to make contact with immigrant women, work hard to break the vicious circle of isolation. It is frequently through them that immigrant women start to play a part in the life of their neighbourhood and take language courses or other training.  The associations also offer these women sorely needed contacts and advice.  Their advisory function proves important, for example, in respect of family planning methods.</p>

<p align="justify"><b>4. Immigrant women and the labour market</b></p>

<p align="justify">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Employment and advancement in the world of work are crucial to immigrant women, enabling them to gain financial independence and making it easier for them to avail themselves of the host society's institutions.  Women's employment situation is far from improving, not just because of the current economic conditions, but also as a result of continuing unfavourable factors, imposing constraints which are very difficult to overcome.</p>

<p align="justify">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women are frequently not entitled to seek employment until they have been in their host country for several years.  The most recent arrivals thus have no work permit for a long period.  Some countries do not allow immigrants to apply for jobs in the public service (for example, social services, police force) unless they take the nationality of the country.  In France, for example, entry to certain posts may be blocked through &quot;opposability&quot;, which means that a foreigner, man or woman (of non-Community origin), may be rejected if a French national applies for the same post.  Similar legal obstacles also remain in other countries, where a number of posts are reserved for nationals.</p>

<p align="justify">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Labour market accessibility, however, depends on factors such as knowledge of the host country's language, schooling and vocational training.  Women, especially first generation immigrants, are at a particular disadvantage in this respect.  Integration courses are open only to those who have negotiated an often impossible obstacle course, learning to read and write the host country's language and persuading their husband and children that they wish to find a job.  Insufficient knowledge of the language is a serious handicap for job-seekers.  We should not overestimate the importance of the language factor, however, a factor which employers sometimes use as an excuse during economic recessions.  This argument is not a reason for refusing to take on female immigrants during periods of expansion.  Discrimination based on language considerations can often conceal racial discrimination.</p>

<p align="justify">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Once they have found their place on the labour market, immigrant women have hardly any scope for social mobility.  They are condemned to remain at the bottom of the social ladder, either not officially allowed to take vocational training courses or lacking the requisite qualifications.  By holding jobs which are poorly thought of, immigrant women make themselves &quot;invisible&quot; and financially dependent.  The sectors in which immigrant women work obviously vary, depending on each country's labour market situation and structure.  Generally speaking, they hold the least skilled, most uninspiring and lowest paid jobs, often in branches of industry where competition is fierce (such as textiles and clothing).  Their presence in heavy industry raises the vital question of the health hazards to which they are exposed in their arduous working conditions.  A large number of them are employed in the services sector on manual work such as cleaning.  Others work in sales.  Other major sectors are domestic employment and home working.  The latter involves long working hours and low pay for many immigrant women, either those without work permits or those who possess such permits but have difficulty in finding a job through their own efforts.  There are two reasons for the high proportion of immigrant women working in the domestic sector: the limited-term work permit system set up by receiving countries and the relatively low cost of undeclared female workers.  Another problem, that of social security contributions, arises in this sector, where a great many immigrant women are employed.  Not all the employers pay their contributions.  Do we have to take it that a labour market specific to immigrant women exists?</p>

<p align="justify">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In this context, another fact has to be stated.  One of the reasons why very large numbers of European women are now on the (skilled) labour market is that they take on immigrant women to look after their children and perform domestic duties.  Thus, ironically, they base their emancipation on the work of immigrant women.</p>

<p align="justify">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; If we analyse unemployment among foreign women, we note that women are more vulnerable than men, immigrants more so than the indigenous population, and that large numbers of foreign women work in the underground economy, about which there is no reliable information.  The employment of immigrant women now presents a paradox.  On the one hand there are particularly high levels of unemployment among legal female immigrants in Europe, while on the other a rising number of illegals is reported to be living and working here.  Despite a theoretical official halt to recruitment and the introduction of recruitment prevention policies, there is a steady rise in the demand for female labour.  The demand is being met in certain sectors, such as the services and domestic sectors, the world of entertainment and prostitution, through the taking on or trafficking of women from the third world or eastern Europe.  The women concerned, frequently present illegally, are the most vulnerable of the female immigrants.</p>

<p align="justify">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Their working conditions cause immigrant women very severe family problems.  It being difficult for them to allow themselves a career break, they have an abortion rate higher than that of indigenous women.  Similarly, they are often obliged to send their children to child care centres or to families, and this has a negative effect on mother-child relations and on normal child development.</p>

<p align="justify">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; These examples all show that women are more likely than men to find themselves in insecure situations, precisely because of the &quot;underground&quot; nature of the sectors of the economy in which they tend to be employed.  The only way of improving immigrant women's access to employment would be comprehensive action, combining the provision of funding with the drafting of new legislation.</p>

<p align="justify">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The various abuses and sexual violence inflicted upon immigrant women are particularly tragic aspects of their situation.  Migrant trafficking exposes women to particularly heinous forms of exploitation, such as prostitution.  Quite clearly, being a female immigrant, especially an illegal one, just means being trapped even more firmly in prostitution.  There exists a veritable traffic in women, taking such forms as catalogue marriages, involving very young women from developing countries and from certain countries of central and eastern Europe, who are brought to western Europe.  Once they are here, such women virtually become slaves or sex objects.  Your Rapporteur recalls that the Committee on Legal Affairs and Human Rights is seized for report on the traffic of women and forced prostitution in Council of Europe member states and considers it important that this should be debated as soon as possible.</p>

<p align="justify"><b>5. International legislation on immigrant women</b></p>

<p align="justify">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the absence of specific international legislation, the adoption and ratification by European states of the international legislation relating to migrants is an important way of improving the lot of immigrant women, although there are not many provisions explicitly dealing with women.  Among the Council of Europe's legal instruments, the fundamental document relating to the protection of migrants is the European Convention on the Legal Status of Migrant Workers.  This unfortunately applies only to one category of migrants and contains no specific provisions concerning women, thus leaving them more &quot;invisible&quot;.  Its provisions do, however, grant important rights to persons within the scope of the convention, including the right to family reunification.  It can only be regretted that just seven Council of Europe member states have ratified it to date (namely France, the Netherlands, Norway, Portugal, Spain, Sweden and Turkey), a situation which ought to be remedied as soon as possible.  Furthermore, the same is true of the European Convention on the Participation of Foreigners in Public Life at Local Level, which, for want of sufficient ratifications, has not yet come into force.</p>

<p align="justify">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, adopted by the United Nations in December&nbsp;1990, has more general scope.  It expressly emphasises the prohibition of all discrimination against women and offers them significant protection through the application of the principle of equal treatment, whether the said equality be within the family or between migrants in a &quot;regular&quot; and those in an &quot;irregular&quot; situation.  Several articles also grant protection against violence and sexual abuse, to which women are particularly vulnerable.  Unfortunately, given the growing concern in developed countries about the increase in migratory movements, only a handful of states has ratified this convention, which needs twenty ratifications to come into force.  Member states ought therefore to be reminded of the existence of the convention and urged to ratify it as soon as possible.</p>

<p align="justify">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women would also benefit from wider ratification of the conventions relating to equality between women and men, such as the United Nations Convention on the Elimination of All Forms of Discrimination against Women.  In this context, another important legal instrument is now being prepared at the Council of Europe, namely the protocol to the European Convention on Human Rights providing for a fundamental right to equality between women and men.  In this context, your Rapporteur adds her voice to the appeal made in two previous recommendations of the Parliamentary Assembly<a href="#P235_29723" name="P235_29724">1</a> asking the Committee of Ministers to ensure the early completion of work on this protocol. Consideration ought also to be given to including provisions in the protocol granting greater protection to immigrant women, given that they are in a weaker position than indigenous women.</p>

<p align="justify"><b>6. The activities under way at the Council of Europe</b></p>

<p align="justify">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The policy of tolerance and respect for cultural differences which host societies now proclaim may well, on occasion, contain hidden pitfalls for immigrant women.  The countries of Europe sometimes seem to grant the &quot;right to be different&quot;, encouraging certain attitudes and cultural practices which undermine women's status and individual rights.  It is therefore important to study certain problems which stand in the way of European countries' fundamental values and concepts of human rights.</p>

<p align="justify">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Two meetings of the Council of Europe's Joint Specialist Group on Migration, Cultural Diversity and Equality of Women and Men have already taken place.  This group has been instructed by the Steering Committee for Equality between Women and Men (CDEG) and the European Committee on Migration (CDMG) to study the impact of cultural diversity on equality between women and men.</p>

<p align="justify">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The specialist group has taken as its starting point the existing international instruments on equality, and intends to consider both conflicts concerning individuals' rights (marriages not legally recognised in the host country, polygamy, custody of children in the event of divorce) and the obstacles in society to equal opportunities for immigrant women.  It will specify how the policies on equality between women and men and on integration may respond to concern about respect for cultural identity.</p>

<p align="justify">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As already stated, their feeling of exclusion from their host society drives immigrants to take refuge in an extreme form of their own culture.  They adopt a highly traditional interpretation of their ethnic culture.  Even if behaviour and values change in the country of origin, immigrants are frequently obliged to follow detrimental customs jeopardising their rights and freedoms.  The arguments over the wearing of the Islamic headscarf in France have escalated into a nation-wide controversy.  The Education Ministry circular of 20&nbsp;September 1994 by no means clarifies the situation.  More and more large-scale expulsions of girls who wear the scarf are occurring, and conflicting opinions are the result.</p>

<p align="justify">40.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As part of Project&nbsp;III.3, &quot;The integration of immigrants: towards equal opportunities&quot;, which is also under the aegis of the CDMG, a meeting on &quot;Immigrant women and integration&quot; took place in June 1994.  More than ten countries presented projects relating to various aspects of immigrant women's participation in the integration process.  Notes were compared on experience, giving an opportunity both to highlight the main obstacles frustrating women's desire for integration and to show the variety of activities under way, most started by immigrant women themselves.  An important conclusion emerged as to the strengthening of the voluntary movement of immigrant women.  They are demanding to step out of their social and cultural &quot;invisibility&quot; and to play a part in discussions and decisions.</p>

<p align="justify"><b>7. Proposed action</b></p>

<p align="justify">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The lack of sufficient information about the situation of immigrant women represents a major obstacle to decision-taking in this sphere.  In practice, most statistics relating to migrants and refugees do not use gender as a criterion.  It is therefore important that the research under way into the situation of immigrant women at national and European level be continued and the emphasis be placed upon co-ordination of the activities of all the parties involved (through the setting up of information centres or networks), including international organisations, the appropriate authorities in member states and immigrants' associations.  The joint specialist group mentioned in the report is working towards the holding in June 1995 of a seminar to be attended by representatives of the scientific and political worlds and of immigrant women.</p>

<p align="justify">42.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The effect of national legislation on the situation of immigrant women must also be examined.  The first step might be an attempt to harmonise national legislation on the legal status of women immigrants, on several occasions mentioned as the source of a great deal of discrimination.  This is a very important matter for the new countries of immigration, where immigrants face greater uncertainty.  In order to enable this harmonisation process to progress, it is important inter alia for member states to ratify the international conventions relating to migrants as soon as possible.</p>

<p align="justify">43.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The member states must examine national legislation relating to the acquisition of the nationality of the country of residence and propose measures to make access to nationality easier.  In the fields of education, vocational training and employment, steps must be considered to prevent discrimination and to develop specific information programmes on the educational and employment opportunities for immigrant women in the host countries in order to tackle the problem of women's isolation as a matter of priority.</p>

<p align="justify">44.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigrant women must have greater representation on decision-making bodies, and their representatives must be involved in the formulation of any policies affecting them.  It is essential to support immigrant women's associations, to make both adequate funds and premises available to them and to train their officials, especially women of immigrant backgrounds acting as mediators.</p>

<p align="justify">45.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Society's perception of immigrant women is very much influenced by the media.  It is in fact regrettable that the picture painted is very often a highly selective, and now almost disparaging one.  The media frequently present the immigrant woman as illiterate, wearing the scarf or traditional costume and having a dozen children.  They must present an image which is closer to reality, allowing for the diversity of immigrant women.</p>

<p align="justify">46.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Where the specific situation of refugee women is concerned, member states' policies must be based upon the approaches of the United Nations High Commissioner for Refugees (UNHCR), especially Conclusions No. 64 (1990) on refugee women and international protection adopted by the Executive Committee of the Programme of the UNHCR.  Similarly, in determining refugee status, European countries should recognise the right of asylum on the grounds of persecution based on gender.</p>

<p align="justify">47.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Two major international events, representing valuable opportunities to promote the rights of immigrant women, will be held in 1995: the World Summit on Social Development (Copenhagen, March 1995) and the 4th World Conference on Women (Beijing, September 1995).  Member states must therefore actively involve themselves in these initiatives and take advantage of them to step up their action to help immigrant women.</p>

<p align="justify"><b>8. Conclusions</b></p>

<p align="justify">48.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Your Rapporteur appeals to European countries to move in the direction outlined in this report as a matter of urgency.  Let us not forget that a large proportion of immigrant women are in the most disadvantaged sectors of our societies and have to cope with discrimination on three counts: being a woman, having a different ethnic origin, in many cases, and being an immigrant as well.  The states of Europe must ensure that such women have a dignified life and benefit from the freedom and emancipation enjoyed by most European women.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Reporting committee: Committee on Migration, Refugees and Demography.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Budgetary implications for the Assembly: none.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Origin: <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 6528">Doc. 6528</a> and Reference No. 1763 of 25 November 1991.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Draft recommendation unanimously adopted by the committee on 2&nbsp;February 1995.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Members of the committee: Mrs <i>Aguiar</i> (<i>Chairperson</i>), Mr <i>Cucó</i>, Sir John <i>Hunt</i> (<i>Vice-Chairmen</i>), MM. Andres (<i>Alternate:</i> <i>Haack</i>), <i>Akselsen</i>, Mrs <i>Arnold</i>, Mrs&nbsp;<i>Ástgeirsdóttir</i>, MM. Attard Montalto, Biefnot, <i>Billing</i>, van den Bos, Branger, Mrs&nbsp;Brasseur, MM. <i>Brennan</i>, <i>Brito</i>, Dolazza, Ehrmann (<i>Alternate:</i> <i>Schreiner</i>), Fuhrmann (<i>Alternate:</i> Mrs <i>Stoisits</i>), MM. Galanos, <i>Ghesquière</i>, <i>Golu</i>, Gotzev, Gross, Mrs Hacklin, MM. <i>Iuliano</i>, <i>Iwinski</i>, Junghanns, <i>Kalus</i>, Kapsis (<i>Alternate:</i> <i>Korakas</i>), <i>Kiliç</i>, Kiratlio&#487;lu (<i>Alternate:</i> Ms <i>Özver</i>), Lord Kirkhill, MM. <i>Laanoja</i>, <i>Lauricella</i>, <i>Leitner</i>, <i>Liapis</i>, Loutfi (<i>Alternate:</i> Mrs <i>Mihaylova</i>), MM. <i>Mészáros</i>, <i>Pastuszka</i>, Mrs <i>Robert</i>, MM. Saudargas (<i>Alternate:</i> <i>Zingeris</i>), &#352;kol&#269;, Mrs Soutendijk-van Appeldoorn, Mrs Theorin, MM. Tká&#269; (<i>Alternate:</i> Mrs <i>Bieliková</i>), MM. Trojan, Vázquez.</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;N.B.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The names of those members present at the meeting are printed in italics.</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Secretaries to the committee: MM. Newman and Sich.</p>


<hr align="left" size="1" width="200" noshade>

<p align="justify"><a name="P235_29723" href="#P235_29724">1</a> <sup>1</sup>Namely<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1229"> Recommendation 1229</a> (1994) on equality of rights between men and women and<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1260"> Recommendation 1260</a> (1995) on the International Conference on Population and Development (Cairo, 5-13 September 1994); follow-up by the Council of Europe and its member states.</p>

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