A/HRC/39/52
reality is that migrant domestic workers face practical and legal obstacles to organizing,
including isolation, limited time and freedom of movement, fear of reprisals, language
barriers and an absence of public gathering areas. In addition, many trade unions exclude
migrant workers and particularly undocumented migrants, while in some countries migrants
are not allowed to form or join unions. 99 For example, Gulf Cooperation Council countries
deny domestic workers the right to form unions to claim their rights. 100
71.
Other initiatives to promote and protect the rights of migrant domestic workers have
focused on safe migration pathways, education, fair recruitment and decent work for
women in countries of origin and destination, such as the “Work in freedom” programme
led by ILO in South Asia and the Middle East. Other programmes have integrated predeparture training with post-destination community-building in order to provide migrant
domestic workers with information about their rights and facilitate networking between
them. 101 For example, in Germany, a non-governmental organization used posters that
looked like advertisements from countries of origin, such as China, the Philippines and
Thailand, and in the respective languages, whereby domestic workers were informed of
where to seek confidential advice in case of abuse. 102
VIII. Conclusions and recommendations
A.
Conclusions
72.
The human rights situation of domestic workers, including of migrant workers
in domestic servitude, remains largely invisible, as it is confined to the private sphere.
However, it is directly related to increasing globalization, macroeconomic policies
which reinforce inequality and poverty, climate change and demographic changes that
push women into migration. How care and domestic work are carried out is crucial to
the future of decent work. By applying a human rights perspective, domestic servitude
can be replaced with decent work and social justice, and a workplace free of violence
and harassment.
73.
Domestic workers can overcome their invisibility and promote decent work
through representation in workers’ organizations and by having access to collective
bargaining, providing them with a voice to change exploitative working conditions.
Effective collective bargaining of the domestic sector at the national level needs to be
supported by a social dialogue involving tripartite partners in countries of origin,
transit and destination. The active involvement of private recruitment agencies in that
process is also critical to addressing the current challenges related to migrant
domestic workers across international borders.
74.
The right to freedom from servitude is violated when the State fails to take
adequate measures to protect individuals from activities by private persons that
amount to servitude. Duties exist on the part of both sending and receiving States.
75.
One of the key challenges remains the identification of migrant workers in
domestic servitude in the current context. A global rise in anti-migrant sentiment in
many countries in recent years has been accompanied by harsher migration policies
adopted by numerous Governments and by an excessive focus on the immigration
status of the victims. As a consequence, irregular migrants, in particular, are more
likely to be treated as perpetrators of an immigration offence than victims of domestic
servitude entitled to protection, assistance and redress.
76.
In some countries, progressive legislative and policy frameworks exist but their
implementation is weak, owing to a lack of institutional capacity, the dispersion of the
99
100
101
102
16
Global Alliance Against Traffic in Women, “Beyond borders: exploring the links between trafficking
and labour” (2010).
Human Rights Watch, “Middle East failing to protect domestic workers” (28 October 2013).
Submission of Anti-Slavery International.
Submission of PICUM, GAATW and La Strada International.
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