Legal Discrimination within Activating Integration Policies? Comparing Female and Male Refugees in Germany

Integration policies within the paradigm of activation have been introduced in several European countries. The German Integration Act for forced migrants, introduced in 2016, is based on this principle. Before the law came into force, accepted refugees in Germany received a residence permit for three years and afterwards a permanent permit. Today, however, a permanent residence permit is only granted if refugees prove sufficient German language skills and are able to cover most of their subsistence by participating in the labour market. The paper addresses the question whether it is more challenging for female than for male refugees to meet the new requirements. Based on quantitative interviews with about 7.000 adult forced migrants (IAB-BAMF-SOEP Sample of Refugees), we present empirical evidence about gender differences in German language skills as well as in employment participation. Theoretically, we refer to the concept of legal discrimination as an indirect discrimination of social groups. Furthermore, we refer to the concept of civic stratification – western immigration countries stratify groups of migrants according to their residence status. This status determines their access to residence security as well as to social and political rights. We show that women, especially mothers, achieve the required German language skills less often than men do. Women’s labour market participation is lower than that of their male counterparts, and working conditions are more often precarious. Thus, we argue that female refugees’ chances to receive a permanent residence permit, to move up within the hierarchy of civic stratification and ultimately gain German citizenship are lower. The danger of legal discrimination of female refugees exists, especially if they are mothers. Furthermore, the chances of women living without a spouse to gain more social and political rights and move up within the immigration country’s civic stratification are lower than those of men. Since single female refugees usually are neglected in research as well as in the political debate, we finally shed light on this social group and its risk of legal discrimination within activating integration policies.