A/HRC/15/20*
• In addition, States should establish blacklists prohibiting households, in which
one member has been found to have abused or exploited a live-in domestic
worker, from employing other workers.
96.
Migrant domestic workers are vulnerable to subjugation to servitude, since
they often have a precarious migration status and face prejudices. The Special
Rapporteur recommends that States:
• Abolish immigration regimes that tie a visa to the sponsorship of a single
employer, including for domestic workers employed by diplomats.
• Recognize migrant domestic workers’ right to freely choose where they reside
and abolish any live-in requirements stipulated by law or regulations.
• Consider creating a special immigration status providing a right to stay for
migrant domestic workers, who substantiate allegations of serious abuse or
exploitation by employers.
• Foster their multilateral and bilateral cooperation to accredit and regulate
recruitment and placement agencies. Bilateral agreements on migrant domestic
work should be binding, based on international standards; guarantee nondiscrimination compared to local workers and provide for effective
mechanisms to ensure compliance.
• Ensure Immigration and labour authorities cooperate to register all migrant
workers and inform them about their rights in a language they can understand.
• Diligently investigate credible allegations of abuse or exploitation committed by
their diplomats and prosecute perpetrators. If no criminal action is taken by
the sending State, host States should demand that diplomatic immunity is lifted
or, failing that, declare the alleged perpetrator in serious cases persona non
grata, while granting independent resident rights to the victim.
97.
Domestic workers have made impressive gains in organizing themselves across
the globe. More efforts are needed, however, to empower individual workers. The
Special Rapporteur recommends:
• Working with existing domestic workers associations and cooperatives, labour
unions should make greater efforts to include domestic workers, including
migrant domestic workers.
• States should abolish all legal or factual obstacles preventing domestic workers
from exercising their human right to freely associate, including in trade unions.
• National authorities, cooperating with domestic workers associations, unions
and national human rights institutions, should launch campaigns to inform
prospective and current domestic workers what rights they have and how they
can enforce them. Information has to be provided in places and languages
accessible to all domestic workers, including migrants.
98.
Normative action at the international level reflects has long been a reflection of
the indolence of many States to provide effective protection against domestic servitude
at the national level. The Special Rapporteur therefore welcomes the fact that the ILO
finally resolved to adopt a convention on decent standards for domestic work and
hopes that recommendations contained in this report will be reflected in the
Convention. The Special Rapporteur recommends that:
• States cooperate within the ILO to ensure that the future convention on decent
standards domestic work is based on the major human rights treaties and
GE.10-15169
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