Women’s equality in the UK – A health check

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6.5 6.6 6.7 6.8 Similarly it was disappointing that on entering office the Home Secretary re-issued her Call to End Violence Against Women and Girls strategy 9 and removed both trafficking and prostitution. (See General Recommendation 19) This results in misrepresenting the reality, extent and methods of traffickers. Trafficking and prostitution are inextricably linked to unacceptable levels of vulnerability, coercion, exploitation, violence and abuse, and we believe that VAWG can only be tackled effectively if policies, including trafficking and prostitution, are brought together in a single overarching strategy based on the principles of equality and human rights. In addressing trafficking only as organised crime, the Government does not reflect the common picture of individual exploitative relationships which still amount to trafficking and so can result in victims being missed. It also results in conflicting, disproportionate and inappropriate policy measures from other government departments, particularly the UK Border Agency (UKBA), which is recognised as increasing the vulnerability of victims. 10 We are especially concerned that the role of the UKBA in the NRM may compromise the equal treatment of trafficked women. 11 A significant proportion of trafficking can be internal and even where it does cross international borders it is not necessarily the case that it raises any immigration offences, so this portrayal and approach is misleading and risks failing to address the reality and entirety of the abuse. As Dave Stamp from the Asylum Support and Immigration Resource Team in Birmingham has commented: “We see a lot of women who are themselves destitute in the UK being severely exploited. It happens in a lot of ways; partners abuse women and they are being forced to remain with their partners. There is not much law they can rely on without their partner. We see women here who have trafficked not just into the sex industry but also into factories and domestic work. They often also experience sexual violence during this process.” 12 We welcome the ratification of the Council of Europe Convention on Action against Trafficking in Human Beings (CoE Convention). 13 However the current strategy and implementation 14 of the Convention do not adequately reflect its intention, as it falls short of any meaningful prevention other than a focus on borders. 15 There is considerable concern from expert bodies such as human rights agencies and the Group of Experts on Action against Trafficking in Human Beings (GRETA), 16 overseeing the implementation of the Convention, that an over reliance on an immigration framework increases the vulnerability of victims to exploitation and abuse. 17 Similarly, the failures of the NRM 18 to adequately identify victims means many victims are not receiving the protection this Convention affords them. The Convention is clear that it seeks a gendered approach 19 in recognition of the gendered nature of the abuse and that it is dedicated 9. Home Office (2011) Call to End Violence against Woman and Girls: Action Plan. HM Government http://www.homeoffice.gov.uk/ publications/crime/call-end-violence-women-girls/vawg-action-plan?view=Binary 10. Opinion No. 6/2010 of the Group of Experts on Trafficking in Human Beings of the European Commission On the Decision of the European Court of Human Rights in the Case of Rantsev v Cyprus and Russia, para. 8. 11. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 12. Geddie, E. and LeVoy, M. (2012) Strategies to End Double Violence Against Undocumented Women: Protecting Rights and Ensuring Justice. PICUM: Brussels http://picum.org/picum.org/uploads/publication/Double%20Violence%20Against%20Undocumented%20Women%20 -%20Protecting%20Rights%20and%20Ensuring%20Justice.pdf 13. Council of Europe Convention on Action against Trafficking in Human Beings http://conventions.coe.int/Treaty/Commun/QueVoulezVous. asp?NT=197&CM=1&CL=ENG 14. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 15. Anti Trafficking Monitoring Group (ATMG) (2010) Wrong kind of victim? One year on: An analysis of UK measures to protect trafficked persons http://www.antislavery.org/includes/documents/cm_docs/2010/a/1_atmg_report_for_web.pdf 16. Group of Experts on Action against Trafficking in Human Beings (GRETA) http://www.coe.int/t/dghl/monitoring/trafficking/default_en.asp Accessed: 21/03/13 17. Opinion No. 6/2010 of the Group of Experts on Trafficking in Human Beings of the European Commission On the Decision of the European Court of Human Rights in the Case of Rantsev v Cyprus and Russia, para. 8. 18. Anti Trafficking Monitoring Group (ATMG) (2012) All Change: Preventing trafficking in the UK http://tinyurl.com/c6k2uyx 19. Council of Europe (2005) Council of Europe Convention on Action Against Trafficking in Human Beings: Explanatory note, articles 1a and 17 http://www.coe.int/t/e/human_rights/trafficking/PDF_conv_197_trafficking_e.pdf 52 Women’s equality in the UK: CEDAW shadow report 2013
6.9 6.10 6.11 to the protection and enforcement of victims’ rights. 20 That a significant proportion of victims fail to be identified, are held in immigration detention, or are criminalized and held in prison, is quite contrary to the spirit and intention of the Convention. 21 Much of the positive potential and effect of the Convention is diminished by the weaknesses of the NRM and the fact that there is no appeals process. The only option for victims of trafficking is to pursue a complex and costly judicial review of their negative grounds decision or seek asylum. Moreover, it would appear that a vast majority of these negative decisions by the Competent Authority, when reconsidered, are changed to positive outcomes prior to the commencement of judicial review hearings, suggesting that the initial decisions were of poor quality. 22 In relation to the quality of decision making, the UKBA has developed specific guidance on gender and trafficking to assist decision makers. However, research 23 on the quality of decision making in trafficked women’s asylum claims found that despite these policies and other improvements made in relation to the asylum determination process, no improvements in decision making were identified and women were routinely refused protection by the UKBA only to be recognised as needing it on appeal. (See Article 9 for more information) A further finding of the Anti Trafficking Monitoring Group report, 24 which has continued to be borne out over subsequent years, was that there appeared to be a disproportionate number of conclusive grounds decisions for victims of European origin. This disproportionality is exacerbated when in fact the highest proportion of actual cases are from countries such as Nigeria and Vietnam. Accessing protection and justice as envisaged by the CoE Convention was already difficult, stressful and time-consuming, but cuts to legal aid (See Appendix: 28 for further information) are on such a scale that it is no longer viable for most lawyers to offer legal aid at all. Those few that still do offer legal aid are heavily over-burdened, resulting in victims receiving a reduced service and delays that such a time sensitive process cannot afford. Although compensation is available to trafficked women under the Criminal Injuries Compensation (CIC) Scheme, very few trafficked women have been able to apply for or receive compensation because legal aid is not available, even in these complex cases. Moreover there is an increasing tendency to deter CIC cases by awarding costs against the claimant if they fail to win their claim for compensation. Prostituted women who are victims of crime can also apply under the Scheme; however, their compensation will be reduced because of their involvement in prostitution. Lack of knowledge about these remedies and limited access to legal aid result in them being significantly under used. 25 The Government’s report explains that the UK Human Trafficking Centre has become part of the Serious Crime Agency. 26 While trafficking must be taken seriously, as indicated above this approach to address it all as ‘organised crime’ does not represent the range of trafficking and traffickers’ methods. Merging specialist trafficking interventions with other organised crime has lost some of the dedicated focus that was beneficial. Another consequence of the focus on crime is that it is all too common to see victims of trafficking who have been involved in 20. Council of Europe (2005) Council of Europe Convention on Action Against Trafficking in Human Beings: Explanatory note, article 1b http:// www.coe.int/t/e/human_rights/trafficking/PDF_conv_197_trafficking_e.pdf 21. Council of Europe (2005) Council of Europe Convention on Action Against Trafficking in Human Beings: Explanatory note, article 26 http:// www.coe.int/t/e/human_rights/trafficking/PDF_conv_197_trafficking_e.pdf 22. Hove, S. and Montier, S. (2011) ‘Safety and Support of Victims of Trafficking for Sexual Exploitation in England and Wales’, p.186 in Chandran, P. (eds) (2011) Human Trafficking Handbook: Recognising Trafficking and Modern-Day Slavery in the UK. London: Lexis Nexis 23. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 24. Anti Trafficking Monitoring Group (ATMG) (2012) All Change: Preventing trafficking in the UK http://tinyurl.com/c6k2uyx 25. Rights of Women (2010) Measuring up? UK compliance with international commitments on violence against women in England and Wales. ROW: London http://www.rightsofwomen.org.uk/pdfs/Measuring_up_A_report_by_Rights_of_Women.pdf 26. Government Equalities Office (2011) CEDAW (Convention on the Elimination of all forms of Discrimination against Women) report. United Kingdom’s Seventh Periodic Report. GEO: London http://www.homeoffice.gov.uk/publications/equalities/international-equality/7thcedaw-report?view=Binary Paragraph 64 Women’s equality in the UK: CEDAW shadow report 2013 53
Page 1 and 2: Women’s equality in the UK - A he
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Page 5 and 6: Appendices (online only) Appendix 1
Page 7 and 8: • the continued discrimination ag
Page 9 and 10: • Develop a common model of analy
Page 11 and 12: Article 9 - Nationality: One third
Page 13 and 14: investment in social infrastructure
Page 15 and 16: and increase the marginalisation of
Page 17 and 18: have been no prosecutions in Englan
Page 19 and 20: 1 2 3 4 5 Introduction This is a Un
Page 21 and 22: 10 11 12 13 housing crisis, a ‘lo
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Page 25 and 26: 1.7 1.8 1.9 1.10 1.11 1.12 Women’
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Page 29 and 30: 2.4 2.5 2.6 2.7 consult to “remov
Page 31 and 32: 2.12 2.13 discrimination”. Howeve
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Page 35 and 36: 2.26 2.27 2.28 2.29 CEDAW and the l
Page 37 and 38: 3.7 3.8 3.9 3.10 would “increase
Page 39 and 40: 3.15 3.16 3.17 and accountable EHRC
Page 41 and 42: 3.22 3.23 3.24 report is was partic
Page 43 and 44: classes, migrants, and Gypsy, Trave
Page 45 and 46: the institutional discrimination an
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11.24 11.25 11.26 per week or they
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11.31 11.32 11.33 Introducing more
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11.37 11.38 Case study: 83 Jasmine
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11.42 11.43 11.44 11.45 At the 2012
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12.3 12.4 12.5 12.6 of women and en
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12.12 12.13 12.14 12.15 Translators
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12.19 12.20 12.21 12.22 Barriers to
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12.25 12.26 12.27 12.28 Gypsy and T
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12.34 12.35 12.36 12.37 Older women
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12.41 12.42 Recommendations: • Th
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12.47 12.48 12.49 12.50 they are at
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12.55 12.56 12.57 Case studies: 128
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12.60 12.61 12.62 12.63 12.64 hospi
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13.1 13.2 13.3 13.4 13.5 Article 13
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13.11 13.12 13.13 13.14 children ne
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13.17 13.18 13.19 13.20 Welfare ref
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13.25 13.26 13.27 13.28 because in
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13.32 13.33 Case study: 57 “As a
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13.36 13.37 allocation of resources
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13.41 13.42 Homelessness, including
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13.47 13.48 BME women would be left
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13.52 13.53 13.54 13.55 with some l
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13.60 13.61 13.62 effect to their p
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14.6 14.7 14.8 disabled and lesbian
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14.14 Gypsy and Traveller women suf
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15.6 15.7 15.8 15.9 15.10 15.11 The
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15.14 15.15 15.16 purport to be vic
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15.28 15.29 15.30 15.31 has not pro
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15.35 15.36 behaviour by male priso
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16.5 16.6 people being forced into
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16.21 16.22 frequently women’s ac
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Recommendations: • Parents with c
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19.6 19.7 19.8 as well as for our c
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19.13 19.14 19.15 19.16 The Governm
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19.22 19.23 19.24 19.25 VAWG is a c
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19.30 19.31 19.32 19.33 DV is still
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19.38 19.39 19.40 perpetrators thro
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19.43 19.44 19.45 Support for victi
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19.49 19.50 19.51 19.52 Recommendat
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19.57 19.58 19.59 19.60 BMER VAWG p
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19.62 19.63 19.64 19.65 VAWG in hea
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19.70 19.71 19.72 Invisibility of s
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19.77 19.78 19.79 A number of repor
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19.85 19.86 means more provision. T
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Annex 1: The Devolved Administratio
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to 41.8% of rural men. 16 Rural are
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Annex 2: The UK’s relationship wi
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Annex 3: UK reservations and declar
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ESA - Employment and Support Allowa
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Annex 5: Acknowledgements Many than
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Women’s Resource Centre is suppor
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