A/HRC/39/52
upon termination of their original employment and if a visa extension of sufficient length is
provided, allowing them to find an alternative employer. 44
V. Human rights violations and access to justice
40.
Gender-based violence faced by domestic workers is often ignored or considered a
personal problem, rather than a rights violation for which the employer is responsible. 45
Those risks and vulnerabilities are further aggravated for migrant domestic workers who
are undocumented or in an irregular situation, not least because they often risk deportation
if they contact the State authorities to seek protection from an abusive employer. 46
41.
Not all migrant domestic workers face working and living conditions which amount
to servitude. Owing to the informality of domestic work, there is insufficient data on
migrant women in domestic servitude. However, domestic workers face some of the
poorest working conditions across the care economy and are particularly vulnerable to
exploitation.47 Their working conditions are the result of a set of labour market, migration
and care policies, or the lack thereof. Depending on available and affordable alternatives,
households may find it tempting to resort to the cheapest and easiest solutions for care on
the market, which are commonly domestic workers.48
42.
Frequently driven by poverty, domestic workers, including migrants, often find
themselves forced to accept working and living conditions that violate their fundamental
human rights. On that basis, many migrant domestic workers are exposed to multiple types
of abuse, such as physical and social isolation; restriction of movement; psychological,
physical and sexual violence; intimidation and threats; retention of identity documents by
the employer; withholding of wages; abusive working and living conditions and excessive
overtime. If one or more of these situations applies, ILO considers it to constitute forced
labour.49 If those indicators of forced labour are combined with a lack of choice and strong
control over their personal freedom, which many employers exercise, domestic workers
may find themselves trapped in servitude, or even slavery.
43.
A 2017 report on modern slavery indicates that the domestic work sector accounted
for 24 per cent of forced labour exploitation and there were multiple means of coercion,
including violence, experienced by domestic workers. 50 A forthcoming study conducted by
ILO found that 72 per cent of returnees and Ethiopian migrant domestic workers in Arab
States were characterized as victims of forced labour.51
44.
Whether a migrant domestic worker is likely to be in forced labour depends largely
on their debt burden, which many incur through recruitment fees. Workers with excessive
debt were found to be six times more likely to be in forced labour than those without high
debt, as they felt they had no choice but to keep working even in abusive conditions. 52
Workers often have to repay their debts for several months and sometimes years while
recruitment fees are often directly deducted from their wages. This system creates a strong
dependency on the employer and thus increases the risk of abuse and exploitation.
45.
Highly abusive working and living conditions are prevalent in all geographic regions
and by working in private homes migrant workers put their right to privacy and to security
44
45
46
47
48
49
50
51
52
10
Kalayaan and Anti-Slavery International, submission for the present report.
Ibid.
See Committee on Migrant Workers, general comment No. 1 (2011) on migrant domestic workers,
para. 7.
ILO, Care Work and Care Jobs for the Future of Decent Work (Geneva, 2018).
Ibid.
“ILO indicators of forced labour. Special action programme to combat forced labour” (Geneva, 2012).
ILO, International Organization for Migration and Walk Free, “Global estimates of modern slavery:
forced labour and forced marriage” (2017).
ILO, “Improved labour migration governance to protect migrant workers and combat irregular
migration in Ethiopia” (2018).
Justice Centre Hong Kong, “Coming clean - an overview” (2016).
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