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