92000E1961

WRITTEN QUESTION E-1961/00

by Laura González Álvarez (GUE/NGL) to the Commission

(21 June 2000)

Subject: Excessive numbers of gypsy women in Spanish prisons

In March of this year the Barañi report on the situation of gypsy women in Spanish prisons was published.

The report, which was partially financed under the Commission's Daphne initiative, contained the following conclusions:

- 25 % of Spanish female prisoners are gypsies (the gypsy population accounts for between 1,5 % and 2 % of the total population).

This over-representation is due to a number of factors:

- The serious discrimination and exclusion suffered by such women on account of their being poor, gypsies and women.

- Evidence of discrimination in the judicial system which makes it more likely that gypsy women will be watched, arrested, put on trial, sentenced and imprisoned than is the case with other social groups.

- Lengthy prison sentences lasting 6,7 years on average.

Various studies have shown that bias in the judicial system is responsible for the over-representation of ethnic minorities within the prison population in various EU Member States (see Ethnicity and Immigration, M. Tonry, University of Chicago Press).

In the European Parliament's resolution on countering racism and xenophobia in the European Union (A5-0049/2000) the Member States are called upon to agree that the Directive under Article 13 implementing race equality should apply to the police, prosecution, judicial and immigration services, including the combating of indirect or institutional racism.

Could the Commission say what action it intends to take in order to detect and prevent the over-representation of ethnic minorities (specifically gypsies) in the prisons of the Member States?

Answer given by Mr Vitorino on behalf of the Commission

(26 September 2000)

The Commission shares the concern of the Honourable Member about the situation of ethnic minorities in prison.

The treatment of prison population within the penal establishments is a matter for the competence of the national authorities.

However, the Commission is pleased to have been able to select and financially support studies and work in related areas, thanks to its Daphne initiative, amongst which: Monitoring violence against women in prison throughout Europe and raising the affected women's awareness of their rights by the Observatoire International des Prisons (France); Development of alternative solutions for gypsy women in prison who are victims of social violence by the Asociacion cultural La Kalle (Spain); Development of operational network and comparative analysis in area of violence on ethnic minorities by the Türkisch-Deutscher Frauenverein e.V. (Germany); Research on risk situations for young people of Muslim background by the Institut de recherche, formation et action sur les migrations (Belgium).

The Commission keeps at the disposal of the Honourable Member the documentation on these studies.

Furthermore a Directive establishing the principle of equal treatment between persons irrespective of racial or ethnic origin was agreed by the Council on 6 June 2000 and formally adopted on 29 June 2000/43/EC)(1). In order to complement Community legislation prohibiting discrimination on the grounds mentioned in Article 13 of the EC Treaty, the Commission presented, in November 1999, a proposal to establish a Community action programme(2). The main objectives of this are to improve knowledge of the phenomenon of discrimination, promote awareness raising and increase capacity building on the fight against discrimination.

(1) OJ L 180, 19.7.2000.

(2) Not yet published.