Roma Rights are Violated from the Day when They are Born
Imagine a situation in our Mukachevo: a woman, because of circumstances not registered her residence, falls into the maternity ward. The child is born and the woman tried to obtain the medical certificates of birth. But she gets rejection, because the she hasn’t registration in her passport. Nonsense, you say, it’s cannot be true. Or: “Ah, then maybe” – if you know that this story about the Roma.
Discrimination against the Roma population has become so commonplace that we already take it as normal.
Recently, to Mukachevo Human Rights Center appealed a resident of the Roma settlement Sandra Joseph. On October 5, 2014 in Mukachevo maternity ward Sandra born a “boy”.
At discharge from the maternity ward she was refused to be issued a medical certificate of birth, due to the lack of registration in her passport.
According to the Section I Clause 1.2. of Instruction “On regulation of conduct medical documentation confirming cases of birth and death”, approved by the Ministry of Health on 08.08.2006, No. 545 medical birth certificate is issued to any of the parents or other persons who will conduct registration of birth, by all health care, where the birth took place.
According to p.1.5. of Instruction, the Chief doctor of health institution controls the correct completion and timely delivery of medical birth certificates.
However, in that Instruction is not stated impossibility of issuing medical certificate of birth without the registration of the mother.
In addition, the Roma woman lives with her mother Irina Balog (grandmother of newborn boy), which is registered in Mukachevo, on Tupikova Street.
According to the Article 13 of the Law of Ukraine “On state registration of civil status”, the basis for the state registration of birth of a child is determined by the central executive body in health documents confirming the fact of birth.
Under clause 1.1 of Section I of the Instruction “On regulation of conduct medical documentation confirming cases of birth and death”, approved by the Ministry of Health on 08.08.2006, No. 545 for child birth registration in the organs of civil registration the Health institution issues “Medical birth certificate” form No. 103/1.
Lawyers of Mukachevo Human Rights Center prepared a statement to the chief doctor of Mukachevo CRH for issuance of the medical birth certificate in accordance with the Instruction “On regulation of conduct medical documentation confirming cases of birth and death for child birth registration in the organs of civil registration”. The application was ignored (answer not provided) and the lawyers repeated the statement. In case of refusal of chief doctor, his actions will be challenged in court.
Prejudgment towards the Roma population by medical personnel leads to the fact that Roma do not go to health facilities and give birth at home. That is why, as a rule, Roma life is life without documents.
PS: The centers of legal information and advice that provide free legal aid to Roma people working with the support of the “Roma of Ukraine“, International “Renaissance” Foundation. To learn more about the activities of a network of centers, foundations and principles of work visit the website www.legalspace.org under “Legal Empowerment of Roma communities.” The views in this article are those of the authors and do not necessarily reflect the opinion of the International “Renaissance” Foundation and other civil, religious and political organizations and individuals.