A/HRC/39/52
at risk.53 Migrant domestic workers often suffer high rates of physical and psychological
abuse, including the absence of any private space, such as a bedroom, over 15 hours of
work a day, no clear rest periods and an expectation that they will be on standby at all times.
The confiscation of identity documents, the prohibition or unreasonable restriction of
mobile phones and a prohibition on leaving the house, including during rest periods, are
also frequent practices.54 In one case, a domestic worker was not able to speak with her
family in almost seven years. 55 Such exploitative conditions have a dire impact on the
health of domestic workers, as they have insufficient time to care for themselves and their
families.
46.
Many migrant domestic workers are subject to sexual harassment and to genderbased violence that is often ignored or considered a personal matter, rather than a rights
violation for which the employer is responsible.56 Certain instances of abuse by employers
can potentially amount to torture and several deaths of domestic workers have been made
public in the recent past. Discriminatory or even racist treatment of migrant domestic
workers is frequent.
47.
Some domestic workers live in constant fear of being raped. 57 In some countries,
domestic workers who complain of sexual assault might face allegations of adultery and
fornication, which are punishable by law. In other countries, domestic workers who become
pregnant face termination of work and they become irregular migrants and hence face
severe constraints in accessing health care. 58
48.
Other types of abuse suffered by migrant domestic workers include being deprived
of food and water; low or no pay; constant surveillance; exposure to hazardous chemicals
without adequate protection; and lack of access to health care, which is often due to a
prohibition to leave the house, the high cost of health care or because migrant domestic
workers lack documentation to prove their legal right to work in the country and therefore
cannot access services.59 Migrant domestic workers commonly suffer from isolation from
the outside world owing to a lack of language skills. In some cases, domestic workers are
forced to sleep in the kitchen, on balconies, in the toilet or in a warehouse. 60
49.
In some countries, domestic workers are required to undergo mandatory medical
tests which screen for pregnancy, syphilis, HIV and tuberculosis every six months. Those
who fail the tests are repatriated.61 Such practices are discriminatory, invasive and violate
the right to privacy and dignity of migrant workers.
50.
A further human rights violation commonly affecting domestic workers is the denial
of their rights to freedom of association. As a result, domestic workers have a limited voice
and representation in the sector which is one of the factors leading to poor working
conditions.62 The nature of the work — being located in a private home and often lacking
freedom of movement — means it is difficult for migrant domestic workers to organize and
join trade unions. In countries such as Lebanon, for example, a request for official
recognition of a domestic workers union was denied by the Government. 63
51.
The vast majority of countries provide a maximum limit on working hours and
guarantee weekly rest and annual leave. However, domestic workers are often exempted
from this standard. Even where labour laws cover domestic workers in principle, there are
often exemptions on maximum working hours, as it is considered that domestic work is not
53
54
55
56
57
58
59
60
61
62
63
ILO, Care Work and Care Jobs for the Future of Decent Work.
Submission of Kalayaan and Anti-Slavery International.
Ibid.
Center for Women’s Global Leadership, submission for the present report.
Submission of the Human Trafficking Legal Center.
See Bina Fernandez, “Health inequities faced by Ethiopian migrant domestic workers in Lebanon”,
Health and Place, vol. 50 (March 2018).
Submission of Anti-Slavery International.
Ibid.
Humanitarian Organization for Migration Economics, submission for the present report.
ILO, Care Work and Care Jobs for the Future of Decent Work.
Submission of Anti-Slavery International.
11
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