Priority Area 4: Culturally-sensitive understanding of DSGBV and specialised services

Overview

The Istanbul Convention (Art. 22) requires Ireland to ensure adequate provision of specialist support services to all women victims/survivors of DSGBV and to meet short-, medium- and long-term needs, across the country. Here “all women” implies an obligation to ensure that women migrants, refugees, international protection applicants and those who are undocumented, and not only citizens, benefit from the Convention’s provisions without discrimination (Art. 4). Also, the Convention repeatedly states its purpose is to “protect women against all forms of violence” (Art. 1), which necessarily, in Ireland, includes forms that mainly affect particular groups of migrant women, such as FGM or early and forced marriages, which required culturally sensitive responses. Further, regardless of immigration status, all women are entitled to access “mainstream” specialist DSGBV services, on par with citizens, in relation to all other forms of violence against women, whether coercive control, domestic abuse or sexual exploitation.

UNICEF estimates that some four million girls are at risk of FGM annually, mostly within countries in Africa, the Middle East and Central Asia, depending on regional and cultural traditions (Munyi et al. 2021, p. 11). In an increasingly globalised world, more women who have undergone FGM, and girls who are at risk of FGM, are living in global North/West countries, including Ireland. In 2016, AkiDwA estimated that approximately 5,795 migrant women from FGM-practicing countries living in Ireland had undergone FGM (ibid., p. 13).

One representative of a Dublin-based immigrant advocacy group interviewed for the GBV-MIG project, noted that while trafficking is referenced in the Istanbul Convention and named as a form of gender-based violence in the EU Victims Directive, “we are still in our infancy in recognising human trafficking as a form of GBV.” In addition to trafficking for the purposes of sexual exploitation, which “almost exclusively affects migrant women,” she warns, trafficking for purposes of exploitive marriage, or for reproductive-related forms of exploitation in relation to transnational surrogacy and adoptions, are also emerging as significant forms of trafficking that target migrant women.

More generally, the demand for access to “mainstream” DSGBV services is high among migrant, refugee and international protection applicants. According to Women’s Aid, approximately one fifth of the women it assisted in 2018 in its Dublin-based outreach support services were “migrant women” (Women’s Aid 2019, p. 9). Previously, a Women’s Health Council study found minority ethnic women to be “over represented among service users of GBV organisations” (WHC 2009, p. 86). For migrants who are victims of DSGBV and living in remote parts of the country, there are deep concerns that they are not being reached by service providers. One representative of a migrant support organisation in the Southwest, which works closely with domestic violence services, explained in a GBV-MIG interview: “We are limited when we can’t see the woman…. [We] do not see a lot of migrant women (or men) from … the very west [of the county]. It can take three and half to four hours to get here and that is not feasible for someone who is in a very controlling relationship.”

Expressing further concern about gaps in DSGBV supports to international protection applicants, the same interviewee commented, “[It] is really worrying to us that we don’t see more [domestic violence work] in direct provision centres.” Finally, regarding undocumented women DSGBV victims, a representative of a Midwest migrant support organisation recounted, “In our experience … if you don’t have an IRP [Irish Residence Permit] card, you are generally not entitled to anything.”

Table 4. Culturally-sensitive understanding of DSGBV and specialised services: Government obligations and commitments

 Toward an improved and inclusive policy response

The Domestic, Sexual and Gender Based Violence: An Audit of Structures (DOJ 2021) found that the first two National Strategies on DSGBV had “not provided for … interventions for victims who are migrants; sex workers, victims of trafficking, forced marriages, FGM … [and that specific] difficulties [related] to culturally insensitive communications and inadequate or inappropriate service provision … which are compounded where a victim is undocumented, or immigrant status is dependent on a partner who is also a perpetrator” (p. 23). In comparison to earlier strategies, the Third National Strategy contains several stronger action commitments that can be used to advocate for meaningful change, to begin to remedy the omissions and deficiencies of previous strategies.

Regarding FGM, a comprehensive range of targeted, gender-sensitive and culturally-sensitive interventions are needed on an ongoing basis to ascertain the prevalence, address the risks to girls, take action to prevent FGM, and inform and support women affected by FGM. The National Strategy does not explicitly commit to a National Action Plan, as called for by the National Steering Committee on FGM and endorsed by the Joint Committee on Gender Equality. In response to a parliamentary question about this, Minister for Justice Simon Harris pointed to the intersectional approach of the Strategy and a primary commitment to “put in place special health support services required by victims/survivors of FGM” (2.4.11/2.4.12) (Dáil Éireann Debate 2023). This will be preceded by a “mapping exercise of current service provision … [to identify] gaps in … provision to victims/survivors of FGM …. [in] consultation with relevant community support organisations and [including] needs assessment of staff” (ibid.). The National Strategy Implementation Plan (DOJ 2022b) also notes that the “new DSGBV agency will … liaise with the NGO-led National Steering Committee on FGM” in implementing action 2.4.11/2.4.12 (p. 27). These commitments offer opportunities for close engagement with the National Strategy to advance the FGM actions recommended by the JCGE outlined in Table 4.

A second relevant commitment, also health-focused, pledges to “enable marginalised women to connect to specialist health services where they feel listened to, supported and safe” (2.6.1), echoing the Women’s Health Action plan (WHAP) action 5c on rethinking how to support marginalised women in particular to access health supports. The text of the National Strategy Implementation Plan limits this commitment to focusing on supporting women in prostitution (DOJ 2022b, p. 30). In light of the findings of the audit highlighted above, there in an urgent requirement to expand the envisaged scope of this commitment to address the needs of different groups of marginalised migrant women, including undocumented migrants.

Finally, effective implementation of the National Strategy’s protection actions regarding special FGM support services (2.4.11) and connecting marginalised women health services (2.6.1) must be pursued in tandem with prevention action 1.1.2, to deliver public awareness raising campaigns on “pathways to safety and supports available to victims of DSGBV, including material specifically designed to reach migrant communities,” as well as action 2.1.2, to “ensure a victim’s right … to access information in clear and concise language [is] made accessible for migrant … communities” and in a language they understand (Istanbul Convention, Art. 19).

Priority actions

4.1 – Implement all elements of Recommended Action 41 of the Joint Committee on Gender Equality, in relation to the provision of culturally-sensitive specialised services for victims/survivors of FGM, in tandem with implementation of DSGBV Strategy action 2.4.11, regarding special FGM support services.

4.2 – Ensure the necessary interdepartmental coordination so that actions regarding special FGM support services (2.4.11/2.4.12) and connecting marginalised women to health services (2.6.1) will be implemented in coordination with inclusive public awareness raising actions with respect to DSGBV (1.1.2) and victims’ rights (2.1.1).

4.3 – Noting the audit findings of “culturally insensitive communications and inadequate or inappropriate service provision” with respect to different groups of migrant women, prioritise the resourcing and implementation of action 1.4.4, to co-create and deliver education/CPD programmes on all forms of DSGBV, with a focus on how it affects different groups of migrant women. These programmes should be a mandatory part of EDI training for all service providers whose role requires engagement with migrant women.