A/HRC/39/52
Convention, 1975 (No. 143) also address the protection of labour rights of migrant workers.
The ILO Domestic Workers Convention, 2011 (No. 189) and its accompanying
Recommendation No. 201 contain norms and standards for the effective promotion and
protection of the rights of domestic workers, including migrant domestic workers.
20.
The Domestic Workers Convention defines domestic work as “work performed in or
for a household or households”. Domestic work is thus defined by the place in which the
work is performed and not by the employer or by tasks. Cleaning, cooking, washing,
grocery shopping, taking care of children, the elderly and/or the sick, gardening, driving
and guarding the house can all be covered by the definition in the Convention. 11 Article 5 of
the Convention requires that “each Member shall take measures to ensure that domestic
workers enjoy effective protection against all forms of abuse, harassment and violence”.
States are required to ensure that before departure, migrant domestic workers have written
contracts that they can understand and that are enforceable in the country of employment
(art. 8 (1)). States parties are encouraged to collaborate to ensure the effective application
of the Convention to migrant domestic workers (art. 8 (3)) and called upon to regulate the
recruitment of domestic workers by private employment agencies and to conclude bilateral,
regional or multilateral agreements to prevent abuses and fraudulent practices in the
recruitment, placement and employment of migrant domestic workers (art. 15). Article 15.1
(e) states that fees charged by private employment agencies should not be deducted from
the remuneration of domestic workers.
21.
A number of regional mechanisms and instruments similarly protect the rights of
migrant domestic workers, including those in an irregular situation.
22.
In addition, all States Members of the United Nations have committed to achieving
the Sustainable Development Goals, which contain interlinked targets addressing the root
causes of contemporary forms of slavery. Target 8.7 commits States to “Take immediate
and effective measures to eradicate forced labour, end modern slavery and human
trafficking and secure the prohibition and elimination of the worst forms of child labour,
including recruitment and use of child soldiers, and by 2025 end child labour in all its forms”
and target 8.8 requires them to “Protect labour rights and promote safe and secure working
environments for all workers, including migrant workers, in particular women migrants,
and those in precarious employment”.
23.
The positive contribution of migrants for inclusive growth and sustainable
development are recognized in the Sustainable Development Goals and States have
committed to cooperating internationally to ensure safe, orderly and regular migration
involving full respect for human rights and the humane treatment of migrants, regardless of
migration status, of refugees and of displaced persons. States need to ensure that those
protections apply to all migrant workers irrespective of their migration status.
IV. Women migrant domestic workers, economic policies and
causes of servitude
24.
Paid domestic work is a highly feminized sector, with recent estimates indicating
that there are 70 million domestic workers employed by households worldwide, of which
49.2 million are women (70 per cent) and 11.5 million are migrant women. Women
domestic workers outnumber men in almost all regions. They constitute almost all domestic
workers in the Americas (92.1 per cent), in Europe and Central Asia (88.7 per cent) and in
Africa (80.3 per cent).12
25.
The steady increase in the overall number of workers, mainly migrant women,
seeking employment in the domestic sector is attributed to three main factors: the
11
12
6
Convention, 1957 (No. 105); the Minimum Age Convention, 1973 (No. 138); the Worst Forms of
Child Labour Convention, 1999 (No. 182); the Equal Remuneration Convention, 1951 (No. 100); and
the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
See ILO, “Formalizing domestic work” (2016).
See ILO, Care Work and Care Jobs for the Future of Decent Work (Geneva, 2018).
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