Vulnerable women more affected by inequality, says ASTI

ASTI staff often encounter women who are exploited at their workplace or subjected to violence, but refuse to file a police complaint as they are not legally permitted to live or work in Luxembourg. In the event they contact the police, their file will be forwarded directly to the Directorate of Immigration.

The association has spoken with new minister Leon Gloden about these issues, but the government is yet to supply a general solution.

Jessica Lopes explains that the government should examine each case on an individual basis prior to making a decision.

"But it is often the case that if we cannot guarantee that nothing will happen to the victim before she speaks to the police, then she won't even go to the police in the first place. It doesn't help us at all. We really need a guarantee that victims of violence or exploitation will have these issues treated as a priority, and relegate their migration status to secondary position."

Migrant women without papers are often exploited in their workplace, Lopes adds.

"We see so many women working in cafés, for example, who are made to work 14 or 15 hours a day."

Sectors most affected by issue are hospitality, cleaning or home care

"These women will have 5 or 6 employers, their days will be split across different jobs, for very low wages. They're often lonely. These issues affect all women, to some extent, but migrant women in particular. Looking at the cleaning sector, for example, over 90% are non-Luxembourgish women."

ASTI also encounters many women working for private individuals, for example, providing care at home. As a result, they are often isolated. "The ITM (Inspectorate of Labour and Mines) won't come and check if working conditions are respected, and of course, in most cases, regulations are not respected at all."

The lack of residence permits for these women means they often cannot access their rights, says Lopes. In some cases, women only have a residence permit through marriage, which complicates matters if their partner is abusive or violent.

"We see a lot of cases where the partner threatens them and tells them if they speak to the police, they'll be sent back [to their country of origin]. It's a real fear that women have, often they still have children living in their home country, and they work in Luxembourg in order to send money home, so they will often decide it is not worth speaking to police."

Does a person automatically lose their authorisation to stay in Luxembourg if they separate from their partner?

"Not necessarily, the law allows the possibility to request a maintenance of the right to stay, if there is proof of domestic abuse. This proof can, for example, be obtained through going to the police."

One issue is that many women are not aware of their rights in these situations

"These women are often isolated. A woman suffering from domestic abuse is mostly isolated anyway, and if she isn't from Luxembourg, then even more so. I think if a woman who grows up here suffers from domestic violence, she's more likely to have a support network that is easily accessible. But migrant workers don't have that support. It's a combination of having a very small network and not having the right information."

One of ASTI's tasks is to reach out to women in precarious situations and supply them with information. But frequently, the police cannot do much at all, other than registering a victim's complaint. In severe cases, they can expel the partner from the family home.

"But this doesn't help women who don't have residence permits, as they don't have an official address. They can't have a partner kicked out of the home, because officially they don't live there."

Unlike male migrants coming to Luxembourg, women are more likely to have responsibility for their children.

"We see some very strong women who are determined to give their children a normal life and do everything possible for them, so they're left working multiple jobs and are therefore susceptible to extreme exploitation."

ASTI is campaigning for all women to be able to access their rights, regardless of whether they have a residence permit or not, Lopes concludes.