Mršević, Z., & Janković, S. (2026). Obstacles for migrant women to obtain refugee status. Archibald Reiss Days: Thematic Conference Proceedings, 15, 246–261. Editor-in-Chief Bodrožić Ivana, PhD. In: XV International Scientific Conference“Archibald Reiss Days” Belgrade, October 30–31, 2025 Thematic conference proceedings Investigating and proving contemporary forms of crime: scientific approaches. Belgrade: University of Criminal Investigation and Police Studies.
ISBN 978-86-7020-539-0 ISBN 978-86-7020-190-3 Cobiss ID: 143311881
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 recognize 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 refugees) 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 mutilation, 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 serious 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 developed 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 productivity and reduces social frictions.
Keywords: gender based violence, obtaining refugee status, women as asylum seekers, EU standards, Serbian policies and practices
