A/HRC/15/20*
49.
Restrictions of domestic workers’ human rights to freedom of movement and
residence can also be indicators for dependency. In some cases, domestic workers are
forced to live with their employers and locked into the house virtually 24 hours a day. This
is not only a violation, but also means that they are isolated, unable to report exploitation to
the authorities and incapable of obtaining support from peers, friends or labour union
representatives.
50.
Economic and social human rights abuses, for instance, the threat of withholding
food, water or essential medical care where the worker depends on the employer for these
goods, can also place the victim in a position where she has no choice but to submit to
exploitation.
51.
Physical and psychological abuses reinforce dependency and, in extreme cases,
become the very cause of domestic servitude (rather than a mere consequence). A domestic
worker may, for instance, be subjected to abuse so severe that a psychological dependency
on the perpetrator ensues (a phenomenon known as the “battered women syndrome” in the
domestic violence context). The victim may be systematically beaten, insulted, humiliated
and belittled to force her to submit to excessive working hours, unpaid overtime on rest
days, etc.. Such abuse can reinforce other patterns of learned submission based on caste,
ethnic or gender discrimination. Sexual violence, ranging from sexual harassment to
repeated rape or the threat of trafficking into forced prostitution, is also employed as a tool
of subjugation.22 The Special Rapporteur also received numerous reports of domestic
workers being threatened with denunciation for crimes they did not commit if they
complained about exploitative working conditions.
52.
In a number of countries, the authorities become involuntary accomplices to
exploitation and servitude by allowing, or even requiring, employers to restrict the freedom
of movement and residence of migrant domestic workers or systematically failing to
enforce relevant prohibitions. In Saudi Arabia, for instance, the Special Rapporteur on
violence against women, its causes and consequences, noted that, contrary to an official
Government decision, migrants systematically had their passports and residency permits
taken away from them, causing some to end up in slave-like conditions.23 Jordanian
legislation on domestic workers, despite being very progressive in other respects, still
requires migrant domestic workers to live with their employer and seek his permission to
leave the home – even during their time off.24
6.
Migrants and domestic servitude
53.
Migration provides an avenue for women from developing countries to find
employment abroad and sustain their families. However, a sizable minority of women who
emigrate in search of domestic work ends up in domestic servitude.
54.
Migrant domestic workers commonly have a particularly precarious residence status,
making them dependent on their employer and hence easy to exploit. A number of countries
in Asia and the Middle East (where the system is known as kafalah) still tie a domestic
worker’s visa to a particular family. The domestic worker is only allowed to change visa
sponsors without the employers’ consent in exceptional circumstances that are, in practice,
hard to invoke. A live-in worker who is dismissed can find herself from one moment to the
22
23
24
GE.10-15169
Human Rights Watch, Swept under the rug: Abuses against Domestic Workers Around the World
(2006), p. 17.
Special Rapporteur on violence against women, its causes and consequences, mission to Saudi
Arabia, A/HRC/11/6/Add.3, para. 57.
Human Rights Watch, Slow Reform: Protection of Migrant Domestic Workers in Asia and the Middle
East (2010), pp. 3–4.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents