Indirect discrimination of Roma women

Slovak national centre for human rights

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 granting this benefit

child birth allowance is denied to mother that left the child in a hospital without doctor’s consent

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.

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

„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

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)

Legitimate aim?

YES

measure to prevent misuse of child birth benefits

health protection of mother and her child

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)

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.