A/HRC/23/41 vulnerability of migrant domestic workers under labour, occupational health and safety and social protection laws. 57. The Special Rapporteur is pleased to observe the adoption by the International Labour Office (ILO) in 2011 of Domestic Workers Convention No. 189 and Recommendation No. 201, which details requirements for protection from harassment and violence, occupational health and safety, written contracts and protection under labour laws. This follows general comment No. 1 (2010) on migrant domestic workers of the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families, which pays particular attention to the vulnerability of migrant domestic workers throughout the different stages of migration. Implementation of these instruments would provide greater protection to migrant domestic workers at all stages of the migration process, thereby creating an enabling environment consistent with the obligation to fulfil the right to health. Sex work 58. States have a responsibility to respect, protect and fulfil the enjoyment of the right to health of migrant sex workers, regardless of whether they have been trafficked or not. Migrant sex workers are a highly stigmatized population as sex or sex-related work may be criminalized in many countries. Occupational health hazards for sex workers include a disproportionate risk of HIV and other sexually transmitted diseases, violence and often rape.125 Criminalization perpetuates discrimination, stigma and violence towards sex workers126 and is a barrier to accessing health-care services, which leads to poorer health outcomes.127 When combined with xenophobia, criminalization may legitimize harassment, intimidation and violence against migrant sex workers, especially by law enforcement authorities, without mechanism for protection or redress. 128 The nature of the occupation is also used to justify compulsory testing for HIV and other communicable diseases. 129 Additionally, human traffickers may take advantage of the illegality of sex work and migration and exert undue influence and control over sex workers. 130 59. The possibility of arrest, detention and deportation due to immigration status further discourages access to health facilities, goods and services, particularly for transgender sex workers who may face severe discrimination and abuse in their home country.131 Health needs of migrant sex workers are poorly understood in many countries, resulting in policies that fail to address their needs and vitiate the right to health. For example, possession of a condom as evidence of sex work-related criminality actively deters migrant sex workers from carrying condoms, which results in risky sexual behaviour and exposure to HIV and other sexually transmitted infections.132 125 126 127 128 129 130 131 132 18 in Asia and the Middle East”, Canadian Journal of Women and the Law, vol. 23, No. 1 (2011),,p. 272. A/HRC/14/20, para. 36. TAMPEP International Foundation, Sex Work, Migration, Health: A report on the intersections of legislations and policies regarding sex work, migration and health in Europe (2009), p. 10. A/HRC/14/20, para. 36. HRW, Sex Workers at Risk: Condoms as Evidence of Prostitution in Four US Cities (2012). Ibid., p. 47. Kamala Kempadoo, “Globalizing Sex Workers‟ Rights”, Canadian Woman Studies/Les Cahiers de La Femme, vol. 22, Nos. 3-4 (Spring/Summer 2003), p. 145. HRW, Sex Workers at Risk, p. 22 (see footnote 128). Ibid.