Berlin, March 7, 2025 | Women with refugee and migration experience are often exposed to multiple forms of violence: They experience structural Discrimination and are exposed to both racist attacks and gender-based violence – whether in public spaces, refugee shelters, or in the home. Yet Germany still does not do enough to effectively and comprehensively protect women and girls from violence.
The Marriage period forces women affected by violence to remain in the marriage for up to three years before they are granted independent residency rights (Section 31 of the Residence Act). Applying for a hardship case involves significant hurdles and an uncertain outcome. Furthermore, the burden of proof lies with those affected. Psychological, economic, or digital violence, in particular, is often not recognized by authorities.
Dr. Delal Atmaca from the umbrella organization of migrant women’s organizations DaMigra explains:
"The Marriage period is a major problem in practice. Abusive partners use the regulation as leverage, threatening the woman with deportation by the authorities in the event of a separation. Proposed hardship provisions often fail due to the authorities' practices. As a result, women and their children often remain in a dangerous situation for far too long.
Many women who want to escape difficult life situations must first secure their own livelihood in order to obtain residency. The gender and migration pay gap, precarious jobs, and unrecognized qualifications make things even more difficult.
"Politics demands independence, but keeps women structurally dependent. Legal security must take priority – only then will economic independence be possible."
Refugee women are often subject to Residence requirement, which prohibits them from moving. Sibylle Schreiber of the Women's Shelter Coordination Association (FHK) criticizes:
"The residency requirement often prevents women from being admitted to a women's shelter quickly and without red tape. The existing hardship regulations are inadequate. Furthermore, there are still too few places in women's shelters and no funding for interpreting services. The improvements planned by the Act on Assistance to Violence, passed in February 2025, are very welcome – but it will take years before they are implemented across the board in all federal states. The system outside of shelters, such as specialized psychosocial and psychological care for victims of violence, is underfunded."
Andrea Kothen from PRO ASYL criticizes:
"The housing situation of refugee women is catastrophic in many places and even structurally violent: The misery begins with the fact that, instead of being able to live in apartments, they are forced into barrack-like mass accommodations for many months and even years. The women there suffer from cramped living conditions, a lack of privacy, an isolated situation, a lack of complaint structures, and even blatant security deficiencies such as lockable restrooms. Comprehensive and binding standards for violence protection must finally be introduced."
The 2024 tightening of the Asylum Seekers Benefits Act, according to which refugees are now exempt from normal benefits for three years instead of the previous 18 months. Health benefits The situation is further aggravated by the fact that health insurance companies are excluded.
"Many refugee women, even those with serious experiences of violence and trauma, have little access to medical or psychological help. This is not only inadequate protection against violence – it puts the women's health and future at risk," complains Andrea Kothen of PRO ASYL.
Implement the Istanbul Convention for all women in Germany!
The Istanbul Convention (“Council of Europe Convention on preventing and combating violence against women and domestic violence”) obligates the Federal Republic to protect all women without exception from violence and to provide assistance in cases of violence. DaMigra, FHK and PRO ASYL appeal to the future German government to address the obligations arising from the Istanbul Convention as quickly as possible. To address specific grievances, particularly with regard to migrants and refugees, the Council of Europe's body GREVIO envisages a Implementation deadline until December 2025 .
Quality recommendations
Current women's shelter statistics
