Zorica Mršević, Svetlana Janković, Obstacles for migrant women to obtain refugee status
In. Etiology, Phenomenology and Trends of Contemporary Crime. Thematic Conference Proceedings, Investigating And Proving Contemporary Forms Of Crime: Scientific Approaches, XV International Scientific Conference “ARCHIBALD REISS DAYS” 2026.
Ed: Ivana Bodrožić. Belgrade: University of Criminal Investigation and Police Studies
Publisher: Zoran Đurđević, University Of Criminal Investigation And Police Studies Belgrade
ISBN 978-86-7020-539-0 ISBN 978-86-7020-190-3
ABSTRACT
Purpose: The text identifies the discriminated position of women as refugee seekers in the context of international law, which has for decades stereotypically recognized male refugee seekers who come from the areas of current armed conflicts. This has led to difficulties in recognizing women who find themselves in equally serious danger due to the existence of structural, gender-based violence.
Design/Methods/Approach: A desk analysis of international and domestic regulations which rec-ognize gender-based violence as a basis for obtaining refugee status is to be applied. Data from the reports of the Commissariat for Refugees of Serbia, international organizations, non-governmental organizations and media reports on the situation of “women on the move” (migrant women and ref-ugees) in Serbia are used. The European Union set standards in the directives from 2011 and 2013 so that gender-based violence, including rape, sexual violence, domestic violence, female genital mutila-tion, and forced marriage, can be recognized as a form of legally relevant persecution. Serbian policy and practice are presented.
Findings: It is pointed out how women victims of structural violence (do not)fit into the provisions of international public law when they have to prove that they are threatened with persecution of se-rious human rights violations or serious physical injuries in their country of origin. Apart from the difficulties in proving and accepting the existence of gender-based violence, the trend of introducing migration restrictions is becoming more and more intense globally, which makes the situation even worse for women.
Originality/Value: At a high international level, the paper connects the issue of the urgently needed demographic renewal of Europe with the issue of realizing the dignity of all migrants. The reception of migrants alleviates the problems associated with the accelerated aging of the population in the de-veloped countries of the West. Employers recognize the value of diversity in the workforce, while the integration of immigrants into the education system and the labor market increases overall productiv-ity and reduces social frictions.
Keywords: gender based violence, obtaining refugee status, women as asylum seekers, EU standards, Serbian policies and practices