From Ukraine to Afghanistan, Women War Refugees Have to Struggle Twice as Hard for Basics
From Ukraine to Afghanistan, Women War Refugees Have to Struggle Twice as Hard for Basics
A legal perspective on the terrible suffering of the women refugees of war who face a constant struggle even after escaping the warzone

The latest news worldwide is the horrendous refugee crisis in Ukraine caused by the Russian attack. More than a million refugees have shifted to neighbouring countries for protection and a way out of the invasion. With long queues on the roads and commotion in traffic paths leading out of Ukraine, the people are in a total frenzy, desperate to leave their own country. And the ones who have no friends or family to take care of are being kept in reception centers with basic amenities keeping them secure and alive. Some of the places Ukrainians are shifting to the most are Poland, Hungary, Romania, Russia itself, Slovakia and Moldova.

Countries like Poland and Hungary have welcomed the Ukrainian refugees with the warmest regards and open arms; Poland in particular has been accepting a massive amount of refugees. As Zbigniew Rau had mentioned, Poland has embraced all asylum seekers without discrimination, as the Ukrainian crisis has threatened the security of the entire European continent. It is mainly women and children migrating to Poland after waiting for 24 hours, and since it is difficult to gather all the documents during wartime, only birth certificates for the children, passports, and medical reports are required for travel. But the Polish government has conveyed to the European Union that it requires more resources and financial aid to harbor the raging number of refugees.

Also Read: Ukraine War: ‘Europeanness’ as Precondition for Refugee Intake Exposes Western Bias

The refugee policy of the European Union (EU) bears a strong root in the firm history associated with it. According to Article 14 of the Universal Declaration of Human Rights, the asylum policy of the EU originates from the “1951 Convention relating to the Status of Refugees”. The Policy is mainly regulated by the CEAS – Common European Asylum System, and due to the ongoing refugee crisis, it was last reformed in 2014.

The EU policy is predominantly enacted to grant refugee status and protection to international migrants by law. After assessing the process of a refugee by the CEAS, they are lawfully granted international protection. But with adequate awareness about the risks of returning to their home country for the refugee status in the other country. If the council or the Member States do not find the conditions for seeking asylum to be valid, they will be termed “illegal economic migrants.”

The EU has previously been criticised for its aversion to accepting refugees during the Syrian and Afghanistan crisis, the behavior contrasting with the current acceptance during the Ukrainian crisis. It can be fairly well understood that there is a racial and geopolitical motive behind it as Ukraine, being a neighboring country, bears the right to enter the union and be accepted. Racially, Syrian and Afghani refugees are stereotypically perceived as violent and undermined since history, which persists today.

As it is known that there is still gender discrimination existing during a refugee crisis, the most prominent issues faced by women in the EU are sexual violence and harassment, and discrimination and violence against women refugees. The EU has brought forth certain changes that ensure their socio-economic rights, abolition of violence, and equal space in various areas.

During the Taliban invasion, Afghan women had migrated to the US with the hope of surviving, away from the orthodox universe the Taliban had unabashedly created back in their home. But even with resources in the United States, the Afghan women kept facing issues firstly to cope with their shyness stemming from their conservative roots to speak out loud about their needs relating to personal hygiene and sanitation. And even when they managed to fight their coyness, the resources were not always abundant. Not to forget, the tedious and intricate documentation process may not always be grasped by the Afghan women refugees when a majority of them had been excluded from the right to education and awareness.

It is no secret that women face a more challenging time surviving in the everyday world, unfairly so. So it can only be understood that it is worse for them during a life-threatening crisis when they are most vulnerable. But the problems persist, especially during a tumultuous refugee crisis.

In accordance with the UNHCR, the requisite fundamental rights of the women refugees are access to education and employment, rights against gender-based violence, access to resources and healthcare, freedom of expression, and right to life.

Naresh M. Gehi, Esq. is an Indo-US Lawyer and the Director of Gehis Immigration and International Legal Services based in Mumbai, India and is an expert in complex Immigration strategies, M&A’s (expansion, take-overs), foreign investments, optimization of tax benefits, cross-border investment and tax issues. Currently, he is the chief advisor to the President of Suriname and he has been representing eminent Indians and U.S. individuals in their international immigration & legal matters. The views expressed in this article are those of the author and do not represent the stand of this publication.

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