A/HRC/15/20*
domestic servitude to the police and the labour authorities. Provide all victims
of domestic servitude with adequate and unconditional assistance to protect,
rehabilitate and reintegrate them, including by funding relevant nongovernmental organizations.
• Strictly prohibit and take action against anyone who unduly restricts the
freedom of movement and communication of domestic workers, including by
prohibiting them to leave the house outside work hours or by withholding
passports, other identification documents or air tickets.
• Curtail practices that reinforce dependency, including by prohibiting
employment agencies from charging fees to domestic workers (rather than
employers), prohibiting payment in kind and prohibiting advance or deferred
payment schemes designed to create dependence.
• Extend the equal protection of their labour laws to domestic workers, including
migrant domestic workers, and end any discriminatory denial of entitlements
regarding working hours, rest days, vacation, health care, maternity leave and
protection from unfair dismissal.
• Require that domestic workers receive a written contract in a language they
can understand and that wage payments are made into a bank account. States
should set a minimum wage for all domestic workers, including migrants, that
should be above the poverty line of the country concerned and under no
circumstances lower than the World Bank reference line indicating poverty
(currently set at US$ 2 per day). Any additional payments in kind should not be
counted towards the minimum wage.
94.
Children are particularly vulnerable to domestic servitude, especially if they
live with their employers and/or migrate on their own to find domestic work:
• States should prohibit live-in domestic work for migrant or local children
younger than 18 years, since it is typically inherently hazardous. Other
domestic work of children who are younger than 15 or still completing their
mandatory education should be prohibited to the extent that it interferes with
their schooling.
• States should help marginalized families whose children are at risk of domestic
servitude (e.g. through conditional cash transfer programmes), while
reinforcing efforts to provide viable alternatives for children on their own,
including street children, abandoned children and orphans. States should
expand efforts to work with teachers, religious leaders and community
organizations to end child domestic labour.
95.
In the case of live-in domestic workers, the identity of work place and home is
deeply problematic as it makes this group dangerously isolated. In order to limit and
regulate live-in domestic work, States should:
• Require employers to undergo a mandatory awareness raising training before
employing live-in workers. Employers should be obliged to register live-in
workers and ensure that they present themselves to periodic private interviews
with labour inspectors.
• Provide the labour authorities with the necessary legal powers, expertise and
resources to carry out on-site inspections, based on a judicial order, in cases of
credible allegations of serious violations of labour standards. The police should
prioritize investigations of reported crimes affecting live-in domestic workers.
20
GE.10-15169
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