A/HRC/39/52
workforce in private homes and underlying social norms which mean that domestic
work is not regarded as “real work”. Discriminatory attitudes are particularly strong
drivers where migrant domestic workers are also members of marginalized
communities, such as caste-affected groups and indigenous groups, when their
employers are from higher castes or are socially powerful. States must therefore
reinforce their efforts to identify victims and potential victims of servitude,
considering that migrants in vulnerable situations are always at high risk of falling
prey to traffickers and of becoming victims of contemporary forms of slavery.
77.
Another challenge relates to the fact that international human rights law and
international labour law are not understood as applying to domestic workers and that
ratification and implementation of existing international instruments and mechanisms
which contribute to the prevention of domestic servitude, such as the Domestic
Workers Convention, remain limited.
78.
Generally, more attention is paid to human trafficking for sexual exploitation
than to exploitation for forced labour, including servitude in the domestic sphere. A
victim-centred approach needs to be applied to all victims of contemporary forms of
slavery to ensure equal treatment, regardless of the sector of prevalence.
79.
Victims of domestic servitude continue to face major obstacles in accessing
justice owing to their dependency on the employer; minimal employer accountability
owing to an absence of international standards in this area; widespread passport
retention by the employer; poor enforcement of laws against employment agencies; a
significant imbalance of power between employers and domestic workers that
exacerbates vulnerability and abuse; a lack of knowledge of or reluctance to use
existing complaint mechanisms by workers; and a lack of conceptual clarity around
forced labour which, compounded with frequent psychological coercion, impacts on
the identification of forced labour situations and the credibility and quality of
prosecutions.
80.
In formulating policy responses to ensure that migrant domestic workers do
not become subject to slavery or servitude, States should note that not all women in
domestic work are equally vulnerable. An intersectional approach to domestic
servitude is therefore needed, recognizing the specific ways in which different women
are affected.
81.
The effective fulfilment of the Sustainable Development Goals and in particular
of Goal 8 on the promotion of sustained, inclusive and sustainable economic growth,
full and productive employment and decent work for all is directly linked to the
prevention of domestic servitude. The Sustainable Development Goals agenda
therefore provides a unique opportunity to reverse inequalities at the national,
regional and global level, and to provide dignifying economic opportunities to all,
including to migrant domestic workers.
B.
Recommendations to States
82.
To effectively prevent and combat domestic servitude, to ensure the protection
of migrant women and their access to decent work, the Special Rapporteur
recommends that States:
(a)
Create viable, accessible and non-discriminatory employment options for
women as a sustainable alternative to poverty and to prevent exploitation;
(b)
Implement international human rights law and international labour law
to ensure protection of the fundamental human rights of migrant domestic workers;
(c)
Ratify and implement the ILO Domestic Workers Convention, 2011
(No. 189) and the Protocol of 2014 to the Forced Labour Convention, 1930, and
implement the core conventions, including the Forced Labour Convention and the
Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families;
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents