A/HRC/23/41
centres, with a requirement that 51 per cent of governing board members be from the
community.114
Domestic work
54.
Women make up a significant proportion of the estimated 52.6 million migrant
domestic workers worldwide.115 Domestic work provides economic and social
independence for migrant women, accounting for 7.5 per cent of women‟s wage
employment globally.116 It is, however, largely undervalued and confined to the hidden
informal economy of the home, reinforcing gender disparities in accessing underlying
determinants of health, including decent work conditions. 117
55.
Discrimination and prejudice based on gender, ethnicity and socio-economic status
intersect, causing chronic stress and making migrant domestic workers a highly vulnerable
and marginalized group.118 Owing to their vulnerability, isolation and dependence, migrant
domestic workers experience a range of violations 119 which negate their enjoyment of the
right to health and its underlying determinants. Violations include food and sleep
deprivation, denial of medical treatment, squalid living conditions, non-payment of wages,
excessive work hours (increasing the risk of accidents) and psychological, physical and
sexual abuse.120 Cardiovascular, endocrine, skin, musculoskeletal, and psychological
conditions have also been documented among migrant domestic workers, with worst cases
resulting in death, including suicide.121
56.
Migrant domestic workers are frequently excluded or inadequately covered by the
receiving State‟s labour laws and social protections, including health insurance. 122
Sponsorship systems, debt, language barriers, fear of arrest, detention or deportation and a
lack of effective recourse for violations interact to varying degrees in different receiving
States to facilitate the systematic exploitation and abuse of domestic workers. 123 The
situation of some migrant domestic workers has even been described as “modern-day
slavery”.124 In order to fulfil the right to health, States are obligated to address the particular
114
115
116
117
118
119
120
121
122
123
124
Candace Kugel and Edward Zuroweste, “The State of Health Care Services for Mobile Poor
Populations: History, Current Status and Future Challenges”, Journal of Health Care for the Poor and
Underserved, vol. 21, No. 2 (May 2010), pp. 421-429.
ILO, Domestic workers across the world: Global and regional statistics and the extent of legal
protection (2013), p. 39.
Ibid., p. 2.
CMW, general comment No. 1, paras. 25-26.
E/CN.4/2004/76, para. 26; Maria Theresa Ujano-Batangan, Women and Migration: The Mental
Health Nexus: A research on Individual and Structural Determinants of Stress and Mental Health
Problems of Filipino Women Migrant Domestic Workers (Quezon City, ACHIEVE, 2011), p. 32.
CMW, general comment No. 1, para. 7.
E/CN.4/2004/76, paras. 25-35; A/HRC/14/30, para. 30; CARAM Asia, Reality Check: Rights &
Legislation for Migrant Domestic Workers Across Asia (2011); ILO, “Decent work for domestic
workers”, Report IV (1) (August 2010); HRW, Singapore - Maid to Order, pp. 35-36 (see footnote
62).
Sevil Sönmez and others, “Human rights and health disparities”, p. 6 (see footnote 63); OHCHR,
“Saudi Arabia: UN experts outraged at beheading of a Sri Lankan domestic worker”, Press release (11
January 2013), available from
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12922&LangID=E.
ILO, Domestic workers across the world (see footnote 115); Committee on the Protection of the
Rights of all Migrant Workers and Members of Their Families, general comment No. 1, paras. 18-24.
CMW, general comment No. 1, para. 7.
Sevil Sönmez and others, “Human rights and health disparities”, p. 3 (see footnote 63); Nisha Varia,
““Sweeping Changes?” A Review of Recent Reforms on Protections for Migrant Domestic Workers
17
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