Spring Semester 2020
Student Thesis in Law, 15 Credits
[Master’s programme in Law, Gender and Society]
Supervisor: Lena Wennberg
Discrimination of migrant and refugee women on the
labour market in Germany and Hungary
Szilvia Sipos
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Abstract
I wrote my thesis about the discrimination of women, focusing on migrant and refugee women on the labour market in Germany and Hungary.
First of all, it was essential to review the relevant legal sources of the European Union, as well as the two above mentioned countries.
The central concepts of my study are the discrimination – as a legal concept, used socio- legally to examine how women face discrimination -, as well as intersectionality – as the theory to understand and discuss the unequal treatment, and how the women’s situation can be improved -.
The study aimed to analyze the countries separately due to inter alia the level of development of the issue preventing and combating discrimination against women.
From discriminating women on the labour market I narrowed down my research to discriminating migrant, afterwards refugee women in each country.
1 Table of contents
Introduction ... 2
The aim of the study ... 2
Research questions ... 3
Central concepts ... 3
Method ... 4
Intersectionality ... 5
Legal sources ... 7
EU Directives ... 7
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin ... 8
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ... 8
The resolution of European Parliament of 5 July 2016 on refugees ... 9
Policy levels in Germany and Hungary ... 9
Hungary – Act 2003/CXXV. ... 9
Germany – General Act on Equal Treatment (AGG) ... 11
Discrimination/anti-discrimination of women ... 11
Germany ... 11
Hungary ... 12
Is Hungary on the right way to prevent discrimination against women? – An unplanned chapter ... 13
Discrimination/anti-discrimination of migrants ... 15
In Germany ... 15
In Hungary ... 17
Definitions – The difference between refugees and migrants ... 17
Refugees on the labour market ... 19
Refugees on the German labour market – with focus on women ... 19
Refugees on the Hungarian labour market ... 20
Multi-disadvantaged situation of migrant and refugee women in each country ... 21
Conclusions and discussion ... 25
2 Introduction
One of the enormous challenges of the 21st century is to fight against discrimination. Several examples appear in the daily life; it could be based on – include, but not limited to – gender, race, ethnicity, conviction, handicap, age or sexual orientation.1
I decided to write my thesis about the topic discrimination/anti-discrimination on the labour market of two member states of the European Union: Germany and Hungary. Due to the broadness of the topic I will focus on discrimination of women and refugees, until I narrow down the topic to the discrimination of refugee women on the labour market of Germany and Hungary.
The motivation of mine why I chose this topic is personal, as well. My country of origin is Hungary and the country where I currently live is Germany. Due to these facts I had the possibility to get a more widespread overview of these counties’ current situation in connection with migration as well as how they handle the occurred refugee crisis, what is no doubt, that an actual and significant issue and challenge to solve not only for the two above mentioned countries, but for the whole European Union, as well.
Mainly in Germany it is visible in every bigger city, that at a significant part of the lower paid job sectors, within gastronomy or service like bakeries, cleaning companies or restaurants (kitchen aids) mostly foreigners are employed. Naturally, a significant part of these employees are women, who don’t only face discrimination due to their gender, due to their race, mother tongue, country of origin (without aiming an exhaustive list), as well. That is why I found it important to examine the situation of migrant and refugee women in the two countries and how their situation could be improved.
The central concepts of my research are direct and indirect discrimination according to EU law, as well as intersectionality.
The aim of the study
The aim of my study is to analyze the situation of migrant and refugee women on both countries labour market to examine the multi-disadvantaged situation of them and to expose the occurrent
1ERA EU Anti-Discrimination Law https://era-comm.eu/eu-anti-discrimination-law/ (Accessed May 24, 2020)
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incompleteness. By discovering those, the possibility is given to find out solution suggestions to improve their situation.
Research questions
At the end of my research, I would like to answer the following questions:
How do women face discrimination on the labour market in Germany and Hungary?
How does being a migrant limit the possibilities on the labour market? Are there higher expectations towards refugees than towards other migrants? Which roles do race and religion play?
How to improve the multiply disadvantaged situation of refugee women?
Central concepts
The law of the European Union defines different types of discrimination (not only) in the workplace.
First of all, it defines direct discrimination, when an employer treats one worse than other in a comparable situation, in relation to age, sex, disability, ethnic or racial origin, religion and belief, or sexual orientation. Secondly, indirect discrimination is where a practice, policy or rule that applies to everyone has a negative effect on some people. These measures seem neutral at first sight, but actually discriminate against certain people. Harassment, as another form of discrimination, which is an unwanted conduct , bullying or other behavior that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Instruction to discriminate is considered as a form of discrimination, as well as victimization, where people suffer negative consequences in reaction to a complaint about discrimination.2
2 European Commission – Employment, Social Affairs and Inclusion „Combating Discrimination in the workplace”
https://ec.europa.eu/social/main.jsp?catId=1437&langId=en (Accessed 24 May, 2020)
4 Method
First of all, I will present the legal material, which is essential to get answers for the questions. It is necessary to circumscribe the legal sources I will start with reviewing the relevant parts of EU Directive 2000/43 about implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, as well as EU Directive 2000/78, which establishes a general framework for equal treatment in employment and occupation. After that I will study the policy levels of each country, which all can help to come to the conclusion.
Several publications were written which are related to my study, as well as each country’s statistical office provides data, tables about the current situation on the labour market. By comparing the data, based on per million inhabitants I will gain comparable, relevant and accurate data to have an overview and analyze the situation in both countries.
By summarizing the conclusions of the gained data, legal sources and publications I will draw the conclusion.
Due to the topic of my study I will use quantitative data for my socio-legal research. I will start my paper with introducing legal resources to be able to draw a framework of the legislation in the European Union, as well as the policy levels in each country.
For my research it is essential to study the legislation, the data and resources via socio-legal methodology, to “understand law as a social phenomenon”3, to use it as a social control, and not to see the legal sources according to the black letter approach. The socio-legal methodology is more socio-theoretical and predominantly empirical, not doctrinal. 4
Regarding socio-legal research: according to Reza Banakar, “socio represents an interface with a context within law exists and uses social theory and a broadly conceived notion of what empirical research amounts to in order to study issues which are internal to the processes and
3Patshala University „Research Methodology – Socio-legal research” p. 3.
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/09._research_methodology/04._socio- legal_research/et/8151_et_et.pdf (Accessed 24 May, 2020)
4Patshala University „Research Methodology – Socio-legal research” p. 4.
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/09._research_methodology/04._socio- legal_research/et/8151_et_et.pdf (Accessed 24 May, 2020)
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operations of law.” “Law is the point of departure, and the social theory as the backdrop against which law studied and empirical research as the methodology.”5
To complete my analysis it is essential to use interdisciplinary approach – socio-legal methodology due to the complexity of the topic: the legal framework will be provided by Directives of the European Union, as well as by the national legislation of the two examined countries. Regarding discrimination as a social phenomenon and according to the fact that in the focus of my analysis are women (migrants and refugees) I will complete my research from intersectional perspective to examine the multiply-disadvantaged situation of migrant and refugee women.
Intersectionality
Intersectionality was first defined by Kimberlé Crenshaw in 1989 in terms of “the various ways in which race and gender interact to shape the multiply dimensions of Black women’s employment experiences”6.
It is not only possible to use intersectionality in case of black women, the theory can be applied for analyzing the marginalized situation of women from ethnic minorities even in their country of origin – just like roma women (not only) in Hungary -, there are women who left their own country due to different forms of danger what they experienced and trying to start new life in another land, in several cases which has other culture, customs, system. For these women it causes multiply discrimination grounds, not to forget to mention the struggle with a new language. “For all these groups, identity-based politics has been of strength, community, and intellectual development.”7
Oxford English Dictionary defines intersectionality as “The interconnected nature of social categorizations such as race, class, and gender, regarded as creating overlapping and
5Reza Banakar “Law Through Sociology’s Looking Glass: Conflict and Competition in Sociological Studies of Law”, in Denis & Kalekin-Fishman, The ISA Handbook in Contemporary Sociology (Sage, 2009), 69.
https://poseidon01.ssrn.com/delivery.php?ID=46508407007809707102407006607511706912007306908503009410 2094071026125064069030000071042006097007012027110068098001114122070013104032014085018084071116 0841170271200300290750521010280191210880170860930831100850291121231160960670981250681010870130 20111126&EXT=pdf (Accessed 24 May, 2020)
6 Kimberle Crenshaw “Demarginalizing the Intersection of Race and Sex” (U. CHI. LEGAL F 1989), 139.
7 Kimberle Crenshaw “Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color” in Stanford Law Review, Vol. 43, No. 6. (1991), 1241-1299.
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interdependent systems of discrimination or disadvantage; a theoretical approach based on such a premise.”, as well as representing Crenshaw’s statement as an example: “Any analysis that does not take intersectionality into account cannot sufficiently address the particular manner in which Black women are subordinated.”8
Ashlee Christoffersen explains in her study the importance and the ways of using intersectionality in a research. According to the author it is beneficial to adopt intersectional approach to equality research: Christoffersen mentions the prior examples of Crenshaw, for instance where black women must make the decision to choose between race or gender based discrimination for their claim, nevertheless it was a combination of both. She provides an example of a quantitative research and data analysis, highlighting, that statistical tables can often give us new information.
Regarding these facts, the theoretical background for answering – not only – my final question is intersectionality, using quantitative data.9 Going throw publications and statistical data of the two countries I estimate to get the answers for my questions.
At the beginning when intersectionality gathered ground the quantitative research method was prioritized. By the time the importance and effectiveness of quantitative method was recognized, as well, how Joshua Dubrow (among several authors) also describes in “Why should we account for intersectionality in quantitative analyses of survey data?”.10
In my opinion, for my research it will be adventurous to use the statistics of Hungary and Germany.
According to Crenshaw intersectionality gives a framework of one’s different political and/or social identities (such as gender, race, etc.) which identities – when combined – could lead to multiplied discrimination.11 In the case of my study direct and indirect discrimination both play a significant role in everyday life of migrant or refugee women on the labour market. Firstly, I will develop the discrimination of women in general (on the labour markets), where only one identity – the gender – will be examined. Secondly, it will be examined, how race and/or religion
8 Oxford Enlish Disctionary - Intersectionality https://www.oed.com/view/Entry/429843 (Accessed 24 May, 2020)
9 Ashlee Christoffersen “International approaches to equality research and data” Equality Challenge Unit 2017, http://www.ecu.ac.uk/wp-
content/uploads/2017/04/Research_and_data_briefing_2_Intersectional_approaches_to_equality_research_and_data.
pdf (Accessed 24 May 2020)
10 Joshua Dobrow “Why Should We Account for Intersectionality in Quantitative Analysis of Survey Data?” in Intersectionality und Kritik (Springer Fachmedien Wiesbaden, 2013), 161-177.
https://link.springer.com/chapter/10.1007/978-3-531-93168-5_8 (Accessed 24 May, 2020)
11 Crenshaw, “Demarginalizing the Intersection of Race and Sex”
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1052&context=uclf (Accessed 24 May, 2020)
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influences the women’s situation as labour force and to examine these different identities of persons and discover the multi-disadvantaged situation the intersectional framework is the ideal concept.
Regarding the chosen topic of mine, intersectionality is seen as the theoretical point of departure.
At the middle of my focus is the discrimination on the labour market what plays a significant role from the point of intersectional view.
Legal sources
EU Directives
For this research it is necessary to study the legal sources of discrimination/anti-discrimination.
On top of the hierarchy structure in this case there are two EU directives. First of all, it is essential to describe the legal force of a Directive in the European Union.
It is a legislative act, declares the goal/goals what every country must achieve however, it depends on each country how to achieve it, the implementation has to be made by each country.
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Regarding these facts, firstly I will review two EU Directives: Directive 2000/43 is about implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; and Directive 2000/78/EC establishes a general framework for equal treatment in employment and occupation. Secondly, due to the legal nature of Directives, it is essential to study the national legislation of Germany and Hungary to gain the information, how they want to achieve, what they must.
The European Parliament resolution 2016 Refugees: Social Inclusion and Integration Into the Labour Market introduces the Union’s approach about the crisis of 2010s, and how to integrate the refugees on each country’s labour market. 13
12 Europa.eu „Regulations directives and other acts” https://europa.eu/european-union/eu-law/legal-acts_en (Accessed 24 May 2020)
13 European Parliament resolution of 5 July 2016 on refugees: social inclusion and integration into the labour market https://www.europarl.europa.eu/doceo/document/TA-8-2016-0297_EN.html (Accessed 24 May 2020)
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Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
The third Article of this Directive includes the requirements of equal opportunity and treatment regardless racial and ethnical origin: in both public and private sectors, it requires access to employment, self-employment, all levels of (advanced) vocational training, employment and working conditions. 14
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
The Directive is the most significant legal source among the EU directives for the topic of my study. It refers to Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, which is an important basis of anti-discrimination against women. As well as Directive 2000/43/EC, 2000/78 describes all the above mentioned requirements (such as access to employment) regardless religion or belief, disability, age or sexual orientation. The nationality does not belong to the specification. The Directive touches on
“In implementing the principle of equal treatment, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.”. 15
I also have to take the Directive 76/207/EEC into account, what is specifically a written directive for prohibiting discrimination among men and women. 16 This was replaced in 2006 with 2006/57/EC on the implementation of the principle of equal opportunities and equal treatment of
14 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32000L0043 (Accessed 24 May, 2020)
15 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation https://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1586780976417&uri=CELEX:32000L0078 (Accessed 24 May 2020)
16 Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1589209378916&uri=CELEX:31976L0207 (Accessed: 24 May, 2020)
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men and women in matters of employment and occupation17, which actions show without doubt since how long this issue exists and it is still not resolved. On the other hand, replacing one directive with another indicates the changing situation in those 30 years.
The resolution of European Parliament of 5 July 2016 on refugees
The resolution belongs to the “atypical acts” in the legislation of the European Union. The institutions express their opinion via resolutions or declarations, as well as the Council adopts resolutions after its meetings.
The resolution expresses the given institutions’ opinion, have general application without binding effect.18
The Resolution recognizes the market conditions as determining factor when it comes to the integration in a sustainable and successful way. Its suggestion that the Member states continue prioritizing policies and investments to provide quality employment for the whole society, with particular attention to vulnerable groups (such as refugees). 19
Policy levels in Germany and Hungary Hungary – Act 2003/CXXV.
In Hungary the Act 2003/CXXV is the most relevant legal source about equal treatment and equal opportunity.20 (Though the constitution of the state mentions the prohibition of negative discrimination21, it is not detail-oriented; this is the reason why I regard the Act 2003/CXXV as my main national resource.)
17 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32006L0054 (Accessed: 24 May, 2020)
18 Eur-lex.europa.eu „Atypical acts” https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Aai0037 (Accessed 24 May 2020)
19The resolution of European Parliament of 5 July 2016 on refugees
https://oeil.secure.europarl.europa.eu/oeil/popups/printficheglobal.pdf?id=661347&l=en (Accessed: 24 May, 2020)
20 Hungarian Act 2003/CXXV. on equal treatment and the promotion of equal opportunity https://net.jogtar.hu/jogszabaly?docid=a0300125.tv (Accessed: 24 May, 2020)
21The Fundamental Law of Hungary - Article U
https://njt.hu/translated/doc/TheFundamentalLawofHungary_20191213_FIN.pdf (Accessed: 24 May, 2020)
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The Act specifies the prohibition of different types of discrimination: gender, race, skin colour, nationality, ethnicity, mother tongue, disability, health conditions, religion, political opinion, family status, motherhood/fatherhood, sexual orientation, age, etc.
It identifies the authority what is in charge of law enforcement in discrimination cases: Equal Treatment Authority (Egyenlő Bánásmód Hatóság). On the website of the Authority there is on option to search among the cases.22 One of the first observations of mine - due to my research topic I wanted to find case(s), where multiplication of discrimination occurred -, there is no possibility to do it. The cases are categorized according to protected characteristics and there is no way to find multiply discrimination cases with the help of that searching engine. As well as in the description of the online application demands one protected attribution to submit it, not mentioning the plural or multiply possibility. 23
I consider it as a questionable fact. The problem has been described by Kimberlé Crenshaw in the previous century, as she states that women had to choose in front of the court which claim they apply, regardless that the discrimination was based in multiply factors. 24 There is no possibility to find cases on the website of the main authority against discrimination according to intersectionality.
I would like to note here, it took time to find the English translation of this Act. It is available on the website of OHCHR25, not provided by the government. This fact raises a few questions. On one hand, it is very advantageous to have an available English translation of 2003/CXXV, on the other hand, it raises the question, why does the OHCHR provide this translation and why isn’t an officially legislator-provided translation available? The latest updates could be crucial of law enforcement and in case the translation is not provided by the legislator, the latest updates could be missing. This Act protects the equal opportunity and equal treatment regardless to (for instance) race, mother tongue or nationality. Encroachment on one’s right could occur by harming for equal treatment regarding the mentioned factors however, having a different mother
22Equal Treatment Authority “Cases of the Authority – search engine”
https://www.egyenlobanasmod.hu/en/jogesetek (Accessed 24 May 2020)
23 Equal Treatment Authority “Administration” https://www.egyenlobanasmod.hu/en/administration (Accessed 24 May 2020)
24 Crenshaw, “Demarginalizing the Intersection of Race and Sex”
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1052&context=uclf (Accessed 24 May, 2020)
25 Hungarian Act 2003/CXXV. on equal treatment and the promotion of equal opportunity – English translation https://www2.ohchr.org/english/bodies/cescr/docs/E.C.12.HUN.3-Annex3.pdf (accessed 24 May, 2020)
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tongue or nationality could assume the lack of Hungarian knowledge of native speaker’s level, and one could seek for an English translation for proper law enforcement.
Germany – General Act on Equal Treatment (AGG)
The purpose of this Act – just like in the previous chapter about Hungary – to prevent and stop discrimination based on race, ethnic origin, gender, religion, belief, disability, age or sexual orientation. The Act declares the rights and obligatories of both employers and employees, on a similar way like in the Hungarian legislation.
At this point I would like to do a short comparison. The Act is easily accessible from the website of the German Federal Anti-Discrimination Agency26. On this website the visitor is able to choose among three languages: German, English and Arabic and the legislation is available in German and English, as well.
The website of the German Agency provides the possibility of "easy language" as well as there is a version for persons with visual impairment. These are not available on the Hungarian website, though it would be an enormous help for endangered groups.
Discrimination/anti-discrimination of women
Germany
Studying the gender gap among women and men on the labour market of Germany is not new- fangled. According to the study of Caliendo, Lee & Mahlstedt (their survey was made among people, who are looking for full-time employment) women expect significantly lower wage than men, as well as the willingness to work for lower than the expected wage is higher (2%) on the
26 Federal Anti-Discrimination Agency Germany
https://www.antidiskriminierungsstelle.de/EN/Home/home_node.html (Accessed 24 May, 2020)
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women’s side. Regarding education, the asked women are more like to have upper-secondary graduation (29%) than men (21%).27
In Germany a “women in leader positions” quota was introduced. What voluntarily worked in Sweden and in the United Kingdom (to rise the number of women in leadership), it worked less effective in “male monoculture dominated” Germany what had be forced to change.28
Grigoleit-Richter’s study about migrant women in STEM professions highlights numerous negative experiences of women at their work: regarding gender, as women started as a new labour force, one had to demonstrate what in case of men is taken for granted, such as the understanding the technical discussion. Regardless of previous work experience women with originally STEM professions were often assigned of customer care, back office management or secretarial tasks. In case of denying, and expecting tasks as an engineer, the claim was mainly ignored referred to incompetency, lack of qualities or physical strength. (ibid. p. 2744-2745)
Hungary
Even if the discrimination of women is not in the center of attention, it is an existing and serious issue in Hungary, as well.
The focus of my research is on the discrimination of women on the labour market. The article of Arsboni differentiates the four main areas of it: to get a job, career progress and mobility, unequal wages and sexual harassment at workplace. Due to a research in 2007 having child/children decreases the chance of getting a job by 37% and in case of men it increases by 8%.
The article refers to a research of the Equal Treatment Authority29, which analyses inter alia the forbidden questions of the interviewer’s side. Asking “How many children do you have?” or “Are you planning to have children?” was mainly explained with getting know the applicant better,
27 Marco Caliendo, Wang-Sheng Lee and Robert Mahlstedt The Gender Wage Gap: Does a Gender Gap in Reservation Wages Play a Part? (Bonn: Discussion Paper Series July 2014) Table 1 http://ftp.iza.org/dp8305.pdf (Accessed: 24 May 2020)
28 Judith Zylla-Woellner Quota for women in management positions? (Hamburg: Anchor Academic Publishing, 2014) p. 26 https://ebookcentral.proquest.com/lib/umeaub-ebooks/reader.action?docID=1640271 (Accessed: 24 May, 2020)
29 Bori Simonovits and Júlia Koltai A munkáltatók munkavállalói kiválasztási gyakorlata a diszkrimináció tükrében (Budapest: Egyenlő Bánásmód Hatóság 2013)
https://www.egyenlobanasmod.hu/sites/default/files/kiadvany/2_2_kivalgyak_majus18.pdf (Accessed: 24 May 2020)
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however, we have to admit, it gives less substantive information of the qualities of the applicant.
30 According to another Equal Treatment Authority research which examines the differences between the wages of women and men, which shows a significant difference. Under the age of 30 years of age the research does not indicate the significantly higher wages of men, however it raises by the age in average to 16% (which is considerably higher among public servants: 24%).31
Is Hungary on the right way to prevent discrimination against women? – An unplanned chapter
This chapter is an unplanned one, however regarding the current news it could help to answer the main questions of my thesis.
The Istanbul Convention is a Council of Europe Convention on preventing and combating violence against women and domestic violence, which is commonly known as preventing (domestic) violence against women, however it has directly relevant parts with my study: one of the purposes of the Convention is to “contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women”, as well as the “violence against women is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in or are likely to result in, … economic harm or suffering to women…”. The Convention declares, that “Parties condemn all forms of discrimination against women”,
“embodying in their national constitutions or other appropriate legislation the principle between women and men”.32
The above mentioned parts of the Istanbul declaration are in direct interaction of the women’s situation on the labour market, as well. By ratifying the Convention, the regulation of preventing discrimination against women could be placed into a distinguished position in the legal hierarchy
30 Arsboni „A nőket érő munkaerő-piaci diszkriminációról” https://arsboni.hu/a-noket-ero-munkaero-piaci- diszkriminaciorol/ (Accessed: 24 May, 2020)
31 Endre Sik, Dániel Csaba and András Hann A férfiak és nők közötti jövedelemegyenlőtlenség és a nemi szegregáció a mai Magyarországon (Budapest: Egyenlő Bánásmód Hatóság, April 2011) 7.
https://www.egyenlobanasmod.hu/sites/default/files/kiadvany/TAMOP_EBH_rovid.pdf Accessed: 24 May 2020)
32 Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul: Council of Europe Treaty Series No. 210, 2011) https://rm.coe.int/168008482e (Accessed: 24 May, 2020)
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in a more detail-oriented way, giving it more political, social and media attention, as well as compulsative execution.
On the 4th of May 2020 a political declaration was submitted in the Parliament of Hungary by three members of the Parliament from the Christian Democratic People’s Party (the coalition partner of governing Fidesz) about rejecting the Istanbul Convention, which was titled as “on the importance of the protection of the rights of women and children and on the rejection of acceding to the Istanbul Convention”. One day later the supermajority of the government in the Parliament, the Parliament accepted the above described submission. The justification of the submission was that Hungary protects the women’s rights, however the “Parliament refuses to introduce “gender”
in the legal system and argues that recognizing gender-based violence as a form of persecution in asylum procedures (as per Article 60 of the Convention) endangers Hungarian culture, laws, traditions, and national values”. 33
I would like to represent one tool of measuring gender equality in EU countries: Gender Equality Index, which is a “tool to measure the progress of gender equality in the EU … ultimately supports policy makers to design more effective gender equality measures”.34 I have taken those countries into account which has reached the score 70 or more in 2019 (on a scale where the lowest score is 0 and the highest is 100). Out of the 8 countries (which are currently the member of the EU – Belgium, Denmark, Ireland, Spain, France, Netherlands, Finland and Sweden), all of those has ratified the Istanbul Convention.35 I believe, there is correlation between ratifying the Convention and scores of the countries. Even if it wasn’t a direct connection, however it is strongly considerable, that those countries which ratified are more aware the improvement of anti-discrimination of women. Before arguing with the statement that the women’s rights in Hungary are protected, it would be adventurous to take the facts and numbers into consideration, such as the fact, that the Hungary’s Gender Equality Index is the second lowest in the European Union.36
33 Zoltán Kovács „Hungarian Parliament refuses to ratify the Istanbul Convention for its asylum provisions and inclusion of gender”
https://index.hu/english/2020/05/05/istanbul_convention_rejected_parliament_hungary_fidesz_kdnp/ (Accessed: 24 May, 2020)
34 European Institute for Gender Equality Gender Equality Index https://eige.europa.eu/gender-equality-index/about (Accessed: 24 May, 2020)
35Council of Europe Chart of signatures and ratifications of Treaty 210 https://www.coe.int/en/web/conventions/full- list/-/conventions/treaty/210/signatures (Accessed: 24 May, 2020)
36 European Institute for Gender Equality Gender Equality Index score for Hungary for 2019 https://eige.europa.eu/gender-equality-index/2019/HU (Accessed: 24 May, 2020)
15 Discrimination/anti-discrimination of migrants
In Germany
Germany is a popular destination among migrants. Due to the data of International Organization for Migration (IOM) 14,9% of the 80,7 million population are immigrants, out of the number of immigrants 52,4% women (2015).37
The report of the Federal Anti-Discrimination Agency of Germany states: “The question about German as a mother tongue relates indirectly to the origin of a person instead of relating to the objective language skills and it’s therefore an indication of indirect discrimination on the basis of ethnic origin.”38
The study of Grigoleit-Richter shows which other difficulties the migrant women were facing besides sex-based discrimination. The lack of German knowledge or foreigner accent called forth the ethnicised stereotypes. Grigoleit-Richter mentions the study of Vouyioukas and and Liapi39, which shows that the insufficient usage of the official language often indicates the depreciation of the migrant women’s educational and cultural capital. The sample of Grigoleit records blaming the foreigner employee for mistakes, accusing her not understanding the instructions correctly.
We should not forget that the research was made among high qualified migrant women with STEM professions. 40
Due to the number of migrants with Islamic religious background, the study of Weichselbaumer provides relevant research data, which is about the discrimination of women wearing headscarves on the labour market of Germany. The result of it is very significant: The researcher sent in total 1474 applications of three women with similar educational background and experience to similar
37 International Organization for Migration Germany – Facts and Figures https://www.iom.int/countries/germany (Accessed: 24 May, 2020)
38Federal Discrimination Agency Equal Rights, Equal opportunities - Annual Report (2018), 31.
(https://www.antidiskriminierungsstelle.de/SharedDocs/Downloads/EN/publikationen/annual_report_2018.pdf?__bl ob=publicationFile&v=4 (Accessed: 24 May, 2020)
39 Vouyioukas, Anna, and Maria Liapi. Paradoxes of Integration: Female Migrants in Europe (2013) 79–96.
40 Grit Grigoleit-Richter „Highly skilled and highly mobile? Examining gendered and ethnicised labour market conditions for migrant women in STEM professions in Germany” (Journal of Ethnic and Migration Studies, Volume 43, 2017) 2738-2755 https://www.tandfonline.com/doi/abs/10.1080/1369183X.2017.1314597 (Accessed: 24 May 2020)
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positions, paying attention not to send 2 fictive candidates’ to the same company (the reason is that researches in connection with ethnic discrimination have high media attention and HR employees are aware the existence of these, which could indicate false data by recognizing the test-profiles by HR, who could try to represent the company more minority-friendly than in reality). According to the German standard photos were attached to the applications (see Figure 1). The three candidates are: Sandra Bauer (common German name), Meryem Öztürk (common Turkish name) without headscarf and Meryem Öztürk with headscarf on the application photo.
Sandra Bauer received invitation to an interview in 18,8% of the cases, Meryem Öztürk without headscarf 13,5% and Meryem Öztürk with headscarf 4,2% of the cases (Figure 2). Those are enormous differences, concluded by the author, Öztürk with headscarf should send 4,5 times more applications to receive the amount of callbacks what Bauer had. 41
Figure 1: Names and photographs, indicators for identity42
Figure 2: Callbacks by identity43
41 Doris Weichselbaumer Discrimination against Female Migrants Wearing Headscarves (Bonn: Discussion Paper Series No. 10217, 2016) https://www.iza.org/publications/dp/10217/discrimination-against-female-migrants- wearing-headscarves (Accessed: 24 May, 2020)
42 Weichselbaumer Discrimination against Female Migrants Wearing Headscarves p. 22.
17 In Hungary
In Hungary, according to IOM data 4,6% of the population are immigrants, which is significantly lower than in Germany, however the rate of women of immigrants is above 50% as well: 50,9%
(2015).44
Even if this percentage is considerable, there are less resources of this topic than what would be expectable. However, several statistical data is available, from what some facts could be concluded.
The study of National Statistical Office of Hungary highlights a significant difference among migrant women and men on the labour market of the country. The rate of unemployed men with non-Hungarian nationality is only higher in the group of age 20-29 (average age of having studies), however the higher unemployment rate remains among women between the age 30-59, as well. 45
Definitions – The difference between refugees and migrants
Since there is no internationally and officially adopted definition of “refugee” and “migrant” I have decided to use the viewpoint of the United Nations High Commissioner for Refugees (UNHCR) and the definitions of Amnesty International.
The definition of migrant: Migrants choose to move not because of a direct threat of persecution or death, but mainly to improve their lives by finding work, or in some cases for education, family reunion, or other reasons. Unlike refugees who cannot safely return home, migrants face no such impediment to return. If they choose to return home, they will continue to receive the protection of their government.46
According to the understanding of Amnesty International migrants are “people staying outside their country of origin, who are not asylum-seekers or refugees. Some migrants leave their
43 Weichselbaumer Discrimination against Female Migrants Wearing Headscarves p. 22.
44 International Organization for Migration Hungary – Facts and Figures https://www.iom.int/countries/hungary (Accessed: 24 May, 2020)
45 Irén Gödri A bevándorlók munkaerőpiaci integrációja Magyarországon – Népszámlálási helyzetkép (Budapest:
Munkaerőpiaci tükör, 2015) 121-134 http://econ.core.hu/file/download/mt_2015_hun/kozelkep_31.pdf (Accessed:
24 May, 2020)
46 UNHCR viewpoint: ’Refugee’ or ’migrant’ – Which is right?
https://www.unhcr.org/news/latest/2016/7/55df0e556/unhcr-viewpoint-refugee-migrant-right.html (Accessed: 24 May, 2020)
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country because they want to work, study or join family, for example. Others feel they must leave because of poverty, political unrest, gang violence, natural disasters or other serious circumstances that exist there.”47
In the contrary: Refugees are persons fleeing armed conflict or persecution. There were 21.3 million of them worldwide at the end of 2015. Their situation is often so perilous and intolerable that they cross national borders to seek safety in nearby countries, and thus become internationally recognized as "refugees" with access to assistance from States, UNHCR, and other organizations. They are so recognized precisely because it is too dangerous for them to return home, and they need sanctuary elsewhere. These are people for whom denial of asylum has potentially deadly consequences.48
Amnesty International defines the term refugee as “A person who has fled their own country because they are at risk of serious human rights violations and persecution there. The risks to their safety and life were so great that they felt they had no choice but to leave and seek safety outside their country because their own government cannot or will not protect them from those dangers. Refugees have a right to international protection.”49
Regarding the choice of topic of mine it is essential to differentiate these terms. In the European Union and/or Schengen area to change the country of residence does not require significant and difficult administrational obligations from citizens. It indicates the larger number of migrants than refugees in a country. The number of migrant women indicates the importance of paying attention of equal treatment of them, as well as on the labour market. One of the main reasons of migration specified by UNHCR is “…to improve their lives by finding work, or … education…”, this is why the equal treatment and anti-discrimination among migrant (women) should not be doubtful.
In case of refugees – though the number is less –, for them “it is too dangerous for them to return home, and they need sanctuary elsewhere”, it is a necessity to be able to integrate themselves into the society, as well as to the labour market – the equal treatment is essential. They arrive from third countries, from countries with different culture, state and legal system, rights and
47 Amnesty International „Refugees, Asylum seekers and migrants” https://www.amnesty.org/en/what-we- do/refugees-asylum-seekers-and-migrants/ (Accessed: 24 May, 2020)
48 UNHCR viewpoint: ’Refugee’ or ’migrant’ – Which is right?
https://www.unhcr.org/news/latest/2016/7/55df0e556/unhcr-viewpoint-refugee-migrant-right.html (Accessed: 24 May, 2020)
49 Amnesty International „Refugees, Asylum seekers and migrants” https://www.amnesty.org/en/what-we- do/refugees-asylum-seekers-and-migrants/ (Accessed: 24 May, 2020)
19
obligatories, women are especially seeking for equal treatment, to be able to start a new life in another country, because they are not allowed to return to their country of origin.
Refugees on the labour market
Refugees on the German labour market – with focus on women
The Federal Anti-Discrimination Agency of Germany completed a research among refugees and their experiences in connection with discrimination. In this study refugee organisations, as well as refugees were asked inter alia about their experiences on the labour market. 20 persons with refugee status were interviewed, female and male, as well.
In the survey the labour market is considered as an “area of life”, where the refugees experience discrimination, as well. One subject explained:
“I work in a club with 60 or more employees. A lot of people does not like me due to my skin colour. So many things have happened to me there, so many bad things, just like I asked where the bottle is, they have turned their back towards me and went away and they did not want to answer.” (own translation)
Mainly during the entry to the labour market, as well as during the searching period experiencing discrimination occurs. On the market the type of residence plays an important role among the refugees and asylum seekers. Many of the participants report that the employers refuse their application, due to the high bureaucratic expenses of hiring a refugee. The missing language knowledge is a reason, as well.
Only a part of them is the actively attended on the labour market. According to the experiences of the participants they do jobs underneath their level of qualification. They experience discrimination from the side of the colleagues or superiors. It often occurs due to their ethnic origin: for instance their language knowledge, which causes verbal and non-verbal devaluation.
Moreover, they face discrimination entering the labour market due to their religion: first and foremost Muslim women who face difficulties while trying to enter the labour market because of religious clothing. There is a quote of one interviewed Muslim woman in connection with wearing religious clothing, while trying to enter the labour market:
20
“I don’t know how I can find a job here. First of all, due to my refugee status, second of all, because of my clothes, and they will ask me if I wanted to wear these clothes at work and then I will say: No, what would you like me to wear? I know it from a friend of mine who got this question: Will you dress like this at work? She said: Of course, not. And nowadays she wears T- shirt and jeans and she is very unhappy with it.” (own translation)50
The research concludes that refugees very often experience discrimination on the labour market.
51
The study of Bertelsmann Stiftung includes a country case study of Germany about “mapping the labour market integration support measures for asylum seekers and refugees”. It states, that there are no comprehensive studies about the labour market integration of refugees (and asylum seekers), only case studies with small samples, which are not representative. From samples it was concluded that the labour market integration of refugees is lower, than migrants’. In 2016 a short analysis was published by Federal Office for Migration and Refugees, based on data of refugees from 6 different countries who had granted asylum in 2008-2012. Only 38,3 per cent was present on the labour market or had university studies when the interview occurred in 2014. Among women the percentage is significantly lower: 11,5% of them was employed. 52
Refugees on the Hungarian labour market
The UNHCR’s Note on the Integration of Refugees in Central Europe highlights the importance of refugee integration on the labour market, referring to the Common Basic Principles for Immigrant Integration Policy in the European Union, calls the labour market integration as “a key part of integration process”.
Many of the refugees are not able to get their education and/or work experience recognized. One of the reasons of it that the accreditation in some cases would requires contact with authorities of
50Antidiskriminierungsstelle des Bundes „Diskriminierungsrisiken für Geflüchtete in Deutschland” (2016), 10.
https://www.antidiskriminierungsstelle.de/DE/Service/Datenbanken/Infodatenbank/PDF-
IDB_neu/Forschung/Berichte_Artikel_Broschueren/2016/PDF_Diskriminierungsrisiken_fuer_Gefluechtete_ADS_2 0161214.pdf?__blob=publicationFile&v=1 (Accessed: 24 May, 2020)
51 Ibid. p. 10.
52Iván Martín, Albert Arcarons, Jutta Aumüller et al. From Refugees to Workers – Mapping Labour-Market
Integration Support Measures for Asylum Seekers and Refugees in EU Member States Vol. 2. (Bertelsmann Stiftung) 70. https://www.bertelsmann-
stiftung.de/fileadmin/files/user_upload/Studie_NW_From_Refugees_to_Workers_Vol2.pdf
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the country of origin, which does not give the alternative to refugees to do so. The recruitment process in the hosting countries is barely known by refugees. These reasons could easily cause unemployment or underemployment for them.
In case of being employed, a high percentage of refugees do not have widespread knowledge of their rights, which causes the risk of exploitation or abuse. Discrimination on the labour market was reported by refugees, as well, which occurred by ignoring their rights due to xenophobia or racism. Due to self-employment, there is lack of knowledge of services of business start-up or a part of them are unable to present eligible documents for start-up loans. 53
A methodological manual about integration of refugees includes a chapter of labour market integration of refugees: only the rights alone insured by law do not provide solution, do not insure direct real possibility of employment, labour market integration. It is generally statable, that refugees are often in disadvantaged situation on the labour market due to the lack of work experience and the fact that they are often unable to find work suitable for their level of education. The unemployment rate is significantly higher among refugees than other parts of te society. 54
The study calls entering the labor market (by getting a job) the most important cornerstone of integration. Participating on the labour market provides the possibility to gain or preserve the key competencies, learning and practicing the language, establishing contact network. 55
Unfortunately, among the Hungarian available literature there are no specified researches of the (labour market) situation of refugee women. The available studies count migrants and refugees together, the data might be sorted according to gender and country of origin, however only from this information we are unable to conclude the status of the person.
Multi-disadvantaged situation of migrant and refugee women in each country
During my research, several categories were identified as the basis of discrimination.
53 UNHCR Note on Refugee Integration in Central Europe (April 2009) 16-17.
https://www.refworld.org/docid/4bfe70d72.html (Accessed 24 May, 2020)
54 Andrea Ferenczi et al. Integráció önkéntes alapon – Önkéntesség mint menekültügyi integrációs eszköz (2008) 23.
https://menedek.hu/sites/default/files/article-uploads/integracio-onkentesalapon.pdf (Accessed: 24 May, 2020)
55 Andrea Ferenczi et al. Integráció önkéntes alapon – Önkéntesség mint menekültügyi integrációs eszköz (2008) 28.
https://menedek.hu/sites/default/files/article-uploads/integracio-onkentesalapon.pdf (Accessed: 24 May, 2020)
22 Germany
The first examined category is gender. At the part of collecting information of discrimination towards migrant women ethnic origin and religion play important role in discovering the multi- disadvantaged situation on the labour market. Besides all of the above mentioned categories refugee women suffer discrimination due to their status, as well.
The existing EU and local legislation declare the prohibition of all (not only) the above mentioned forms of discrimination. However, the following presentation proves that it often occurs, in several cases multiplied.
Women face discrimination on the labour market in connection with their wage: according to the IZA’s research women expect significantly lower wage than men, though women are more likely to have upper-secondary graduation.56 Regardless the – occasionally – higher level of education, they receive lower amount of wage. The quota for women in leader positions in Germany was introduced due to the lack or less possibility to achieve to get to higher position in the hierarchy of firms. Figure 3 indicates how under-represented the women are in management or supervisor positions. The numbers increased since the quota came into power; however it requires only 30 % (minimum) of the positions filled by women, what is still far from 50. According to Figure 3 one year after the quota had been introduced the numbers show increasing tendency on women’s side;
however it is far from equal participation.57 In some cases women has to demonstrate in their profession what is taken for granted from men and often experience being assigned of “typical tasks for women”.58
56 Marco Caliendo, Wang-Sheng Lee and Robert Mahlstedt The Gender Wage Gap: Does a Gender Gap in Reservation Wages Play a Part? (Bonn: Discussion Paper Series July 2014) Table 1 http://ftp.iza.org/dp8305.pdf (Accessed: 24 May 2020)
57 Heike Anger „Gender quotas make an impact int he boardroom” Handelsblatt Today. 09 14, 2018, https://www.handelsblatt.com/today/companies/women-in-business-gender-quotas-make-an-impact-in-the- boardroom/23583340.html?ticket=ST-1222402-rJFVfIOHnAcO5CmOCIqA-ap6 (Accessed: 24 May 2020)
58 Grit Grigoleit-Richter „Highly skilled and highly mobile? Examining gendered and ethnicised labour market conditions for migrant women in STEM professions in Germany” (Journal of Ethnic and Migration Studies, Volume 43, 2017) 2738-2755 https://www.tandfonline.com/doi/abs/10.1080/1369183X.2017.1314597 (Accessed: 24 May 2020)
23
Figure 3: More women but not enough59
In case of migrant women (besides gender) their ethnicity and/or religion play significant role as ground of discrimination. Discrimination occurs due to the usage of the official language insufficiently or talking with accent. The religion category can be examined via the research of IZA – what is a specific one about women with Muslim religion -, which concludes that a women who is wearing headscarf on her application photo has to send 4,5 times more applications to receive the same amount of callbacks like the German-named fictional applicant.60
In case of refugee women discrimination regarding ethnicity (in terms of the poorer language knowledge) as well as religion occurs; a part of them experience disadvantaged handling due to their religious clothing. What makes their situation even more difficult than migrant women’s, is their status. They more unlikely receive job opportunities due to the bureaucratic difficulties of hiring for the company.61
59 Heike Anger „Gender quotas make an impact int he boardroom”
60 Doris Weichselbaumer Discrimination against Female Migrants Wearing Headscarves (Bonn: Discussion Paper Series No. 10217, 2016) https://www.iza.org/publications/dp/10217/discrimination-against-female-migrants- wearing-headscarves (Accessed: 24 May, 2020)
61 Antidiskriminierungsstelle des Bundes „Diskriminierungsrisiken für Geflüchtete in Deutschland” (2016), 10.
https://www.antidiskriminierungsstelle.de/DE/Service/Datenbanken/Infodatenbank/PDF-
IDB_neu/Forschung/Berichte_Artikel_Broschueren/2016/PDF_Diskriminierungsrisiken_fuer_Gefluechtete_ADS_2 0161214.pdf?__blob=publicationFile&v=1 (Accessed: 24 May, 2020)
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Refugee women could experience discrimination due to her gender, ethnicity, religion and status.
It proves the multi-disadvantaged situation of them on the labour market, or entering the labour market.
Hungary
Discrimination against women based on their gender often occurs in Hungary, as well. The available resources do not only mention the wage gap among men and women, but highlights another basis of discrimination: parentcraft. Women are more likely receive rejecting answer in case of applying for a job when they are mothers. It decreases their chance with 37%, while it increases the chance of men with 8%. 62
In the Hungarian Act on equal treatment and equal opportunity it is formulated to prohibit any discrimination based on (inter alia) gender. This already existing implementation in legislation was one of the main reasons to reject the Istanbul Convention. I believe, the last chapter of my work will make it clear that the existing legislation and regulations of the country could have been more effective regarding equal treatment of women.
By taken the migrants into account in Hungary, it is more likely being unemployed as a woman.
Figure 4 presents the situation of foreign-born, foreign nationals and the total population on the labour market between ages 15-64 according to gender. In this research I consider relevant the data of foreign nationals and total population.
The graph indicates that the unemployment rate among foreign national women is significantly higher than among men, however is lower than the rate of women of total population. As it is mentioned previously in my research one of the reasons of migration is to develop one’s economic situation. “Foreign nationals” include migrants as well as refugees, which fact distorts the possibility to conclude the situation of migrants and refugees (who are under international protection, and the reason leaving their country of origin is not economic) on the labour market separately.
62 Arsboni „A nőket érő munkaerő-piaci diszkriminációról” https://arsboni.hu/a-noket-ero-munkaero-piaci- diszkriminaciorol/ (Accessed: 24 May, 2020)
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Figure 4: The situation of foreign-born, foreign nationals and the total population on the labour market of age 15-64 according to gender 63 (own translation)
In Hungary the recognized difficulties for refugees entering the labour market or being equality treated on it are the lack of knowledge of their rights and/or services available.64
Conclusions and discussion
The first question what I have asked at the beginning of my study is “How do women face discrimination on the labour market in Germany and Hungary?”.
It is appreciable in both countries that women in general earn less salary than men, as well as have lower chance to have the same career possibilities to reach higher positions like men. The second observation could explain a part of the first. The employees’ position in firm’s hierarchy is directly proportional to the wage earned. Due to the lower number of women in leading positions, it has an impact on statistical data on the comparison of wages of women and men. On the other hand, it is important to note, this is not the only reason which influences the scale of the difference: It occurs often that women employees have lower wage than men having the same position.
63 Irén Gödri A bevándorlók munkaerőpiaci integrációja Magyarországon – Népszámlálási helyzetkép p. 5.
64 UNHCR Note on Refugee Integration in Central Europe (April 2009) p. 16-17.
26
Both of the countries openly face the problem of discrimination of women: Statistical data, researches and studies confirm the existence of it. The identification of the problem is the first step to solve it. The two examined countries reacted differently.
One of the relevant actions in Germany is introducing the female quota in leader positions; it is one of the steps with what Germany deals with the unequal treatment of women (what still occurs in a indirect way regardless the legislation of equal treatment). After introducing the quota the number of women in management slowly started to increase. The legislators had to consider social factors in the country, as well: Increasing the number of women among leaders could work without strict regulations in some countries, what was not successful in Germany. The determined quota is however 30%. I do not consider it as equal, however, I consider it as a first step and the percentage could be raised to 50, after it becomes natural seeing increasing number of women in leader positions.
On the Hungarian side the issue of discrimination of women is well-known. In the country the rejection of Istanbul Convention has happened recently. By this rejection the ratification of (among others) the different kinds of “contribution to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women”65 was rejected, as well. In a country where women (according to statistic data) with child/children have 37% less chance to get hired for the applied job due to being mother66; these decisions should be considered and reconsidered.
The second part of the questions needed to be answered is: “How does being a migrant limit the possibilities on the labor market? Are there higher expectations towards refugees than towards other migrants? Which roles do race and religion play?”
Studies show that being migrant limits the possibilities on the labour market. They experience negative discrimination due to their (lack of) language knowledge and/or their accent, which could indicate the depreciation of migrant women’s capital. Here I would like to share one of my personal experiences as a migrant woman in Germany to uncover some questionable facts. I arrived to the country to challenge my abilities and to learn a new language (regarding as an atypical reason for migration). After completing an integration course and having B1 language
65 Council of Europe Convention on preventing and combating violence against women and domestic violence p. 2. Article 1. b
66 Arsboni „A nőket érő munkaerő-piaci diszkriminációról”
