A/HRC/15/20*
on Slavery, relevant norms can be found in the Covenant on Civil and Political Rights (art.
8), the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (art. 11), the Convention on the Rights of Persons with
Disabilities (art. 27), the International Covenant on Economic, Social and Cultural Rights
(art. 7 on just and favourable conditions of work) and the Convention on the Rights of the
Child (arts. 19 and 32), and the Convention on the Elimination of All Forms of
Discrimination against Women (art. 11 on women’s right not to be discriminated in the
field of employment).
88.
Building on these norms, the committees of independent experts overseeing State
parties’ compliance with the obligations assumed under these treaties (treaty bodies) have
made repeated references to the exploitation of domestic workers in their concluding
observations on country reports.41 Conversely, individual complaints mechanisms,
including the Special Rapporteur’s communications procedure,42 remain underutilized. In
its general comment No. 28 on gender equality, the Human Rights Committee has made
specific references to slavery disguised, inter alia, as domestic or other kinds of personal
service.43 When the present document was being finalized, the Committee on the Protection
of the Rights of All Migrant Workers and Members of Their Families was discussing a
general comment on migrant domestic workers, with a view to adopting it at the end of
2010.
89.
Independent experts mandated by the Commission on Human Rights and the Human
Rights Council have also addressed the issue. The Working Group on Contemporary Forms
of Slavery had drawn the attention of the Commission on Human Rights to the problem of
domestic servitude.44 Special procedures mandates, in particular the Special Rapporteur on
violence against women, its causes and consequences, and the Special Rapporteur on
trafficking in persons, especially women and children, have focused their fact-finding on
the situation of domestic workers and thereby advanced the debate.45
90.
At the regional level, the Council of Europe has shown leadership in taking up the
issue. In its recommendation 1663 (2004) on domestic slavery, servitude, au pairs and
“mail-order brides”, the Parliamentary Assembly of the Council of Europe expressed
dismay that slavery still exists in Europe, while highlighting that “today’s slaves are
predominantly female and usually work in private households”.46 Human rights bodies of
the African Union and the Organization of American States have addressed concerns
relating to domestic workers.47 From 17 to 18 June 2010, the Special Rapporteur
41
42
43
44
45
46
47
18
See e.g. Human Rights Committee, concluding observations on Chad, CCPR/C/TCD/CO/1, para. 31;
Committee on Economic, Social and Cultural Rights, concluding observations on Canada,
E/C.12/CAN/CO/4-E/C.12/CAN/CO/5, para. 49; Committee on the Rights of the Child, concluding
observations on Bangladesh, CRC/C/BGD/CO/4, para. 82; Committee on the Elimination of Racial
Discrimination, concluding observations on the United Arab Emirates, CERD/C/ARE/CO/17, para.
16; Committee on the Elimination of Discrimination against Women, concluding observations on
Malaysia, CEDAW/C/MYS/CO/2, paras. 25–26; Committee against Torture, concluding observations
on Bahrain, CAT/C/CR/34/BHR, para. 7.
See http://www2.ohchr.org/english/issues/slavery/rapporteur/submitting_info.htm.
Human Rights Committee, general comment No. 28 on article 3 (Equality of rights between men and
women), CCPR/C/21/Rev.1/Add.10, para. 12.
See e.g. E/CN.4/Sub.2/2004/36, para. 51.
Special Rapporteur on violence against women, its causes and consequences, mission to the
Netherlands (A/HRC/4/34/Add.4); mission to Ghana (A/HRC/7/6/Add.3); Special Rapporteur on
trafficking in persons, especially women and children, mission to Bahrain, Oman and Qatar
(A/HRC/4/23/Add.2); mission to Lebanon (E/CN.4/2006/62/Add.3).
Parliamentary Assembly of the Council of Europe, Recommendation 1663, adopted on 22 June 2004.
See e.g. concluding recommendations by the African Committee of Experts on the Rights and
GE.10-15169
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