A/HRC/22/24
discrimination against women, and of multiple discrimination, gender and race
considerations.
C.
Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families
30.
On 2 December 2010, the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families adopted its first general comment – general
comment No. 1 (2010) on migrant domestic workers. The Committee builds on general
recommendation No. 26 (2008) of the Convention on the Elimination of All Forms of
Discrimination against Women on women migrant workers and highlights how women
migrants are in a different position from that of migrant men with regard to the migration
channels used, the sectors of the labour market where they are employed, the forms of
abuse they suffer and their consequences and impact. The majority of domestic workers are
women and girls: given, among other things, the gendered labour market, the prevalence of
gender-based violence and the worldwide feminization of poverty and labour migration, the
Committee recommends that States incorporate a gender perspective in efforts to
understand women’s specific problems and develop remedies to gender-based
discrimination throughout the migration process (paras. 60–61).
31.
In the view of the Committee, States parties should repeal sex-specific bans and
discriminatory restrictions on women’s migration on the basis of age, marital status,
pregnancy or maternity status (arts. 1 and 7 of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families), including
restrictions that require women to get permission from their spouse or male guardian to
obtain a passport or to travel (art. 8) or bans on women migrant domestic workers marrying
nationals or permanent residents (art. 14), or securing independent housing. States parties
should also repeal discriminatory laws, regulations and practices related to HIV, including
those which result in the loss of work visas based on HIV status, and ensure that medical
testing of migrant domestic workers, including tests for pregnancy or HIV, is only done
voluntarily and subject to informed consent.
D.
Committee on the Elimination of Racial Discrimination
32.
In line with its general recommendation No. 25 on gender-related dimensions of
racial discrimination, the Committee on the Elimination of Racial Discrimination has made
efforts to take into account gender issues which may be interlinked with racial
discrimination, in order to develop a holistic approach to evaluate and monitor racial
discrimination against women. The Committee adopted general recommendation No. 34
(2011) on racial discrimination against people of African descent at its seventy-ninth
session, in August 2011, where it devoted sections to economic and cultural rights requiring
specific attention – such as the right to the use, conservation and protection of lands
traditionally occupied by them, the right to their cultural identity and the right to the
protection of their traditional knowledge and cultural and artistic heritage – and to genderrelated dimensions of racial discrimination. Between 2008 and 2012, while considering the
periodic reports of various State parties, the Committee has taken into account the various
challenges that women face in the full enjoyment of their economic, social and cultural
rights and has issued specific recommendations in this regard.
9
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