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Behind closed doors Protecting and promoting the human ...

Behind closed doors Protecting and promoting the human rights of migrant domestic workers in an irregular situationCover photos: ILO / B. Patel ILO / M. Crozet ILO / K. Cassidy ILO / G. PalazzoBehind closed doors Protecting and promoting the human rights of migrant domestic workers in an irregular situationNew York and Geneva, 2015 NOTEThe designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Behind closed doors Protecting and promoting the human rights of migrant domestic workers in an irregular situation New York and Geneva, 2015

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1 Behind closed doors Protecting and promoting the human rights of migrant domestic workers in an irregular situationCover photos: ILO / B. Patel ILO / M. Crozet ILO / K. Cassidy ILO / G. PalazzoBehind closed doors Protecting and promoting the human rights of migrant domestic workers in an irregular situationNew York and Geneva, 2015 NOTEThe designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

2 ** *Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations 2015 United Nations All worldwide rights reserved ILO/ G. Palazzo ILO/ G. Palazzo ILO/ P. LissacVCONTENTSA cknowledgements and disclaimer .. VI Foreword .. VIII ntroduction .. 1I. PROTECTION PROVIDED BY INTERNATIONAL human rights LAW .. 8 II. VULNERABILITY OF MIGRANTS IN AN IRREGULAR SITUATION .. 12 III. SPECIFIC RISKS FACED BY MIGRANT WOMEN AND GIRLS .. 15IV. human rights CHALLENGES FACED BY MIGRANT DOMESTIC WORKERS IN AN IRREGULAR SITUATION.

3 18A. Violations of dignity .. 18B. Lack of access to health care and health services .. 21C. Limitations on the right to family life .. 22D. Inadequate housing, food, water and sanitation .. 23E. Restrictions on freedom of movement; social and physical isolation .. 23F. Labour exploitation and slavery-like practices, such as forced labour and debt bondage .. 26G. Detention and deportation .. 27H. Gaps in legal protection, lack of access to redress and compensation .. 28V. SEEKING A SOLUTION: RETURN AND REINTEGRATION OR REGULARIZATION .. 32VI. A CALL TO ACTION .. 37 Selected Bibliography.

4 38 ILO/ G. Palazzo ILO/ J. Maillard ILO/ M. RimandoPageVIAcknowledgements and disclaimerThis publication has been prepared by the Office of the United Nations High Commis-sioner for human rights (OHCHR) in the context of the Global Action Programme on Migrant Domestic Workers and their Families. The Global Action Programme is imple-mented by the International Labour Organization (ILO) in collaboration with OHCHR, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the International Domestic Workers Network, the International Trade Union Confederation and the Confederation of Indonesia Prosperity Trade Union.

5 This publication has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.*Boxes in green in the publication contain practical examples of actions, legislation, agreements, policies or other measures put in place by States or other stakeholders that are considered good or promising and promoting the human rights of migrant domestic workers in an irregular situationForewordAround the world more than 50 million people, many of them women, are domestic workers. Of these, a significant number are migrants, including migrants who are in an irregular situation.

6 The work they do is invaluable. Among a myriad other tasks, domestic workers clean, iron clothes, cook, garden, provide home health care, drive, and take care of children and older persons. This is necessary work, but work that often goes unnoticed, particularly when it is undertaken by irregular migrants who work unseen Behind closed doors . In fact, labour legislation in several countries does not even recognize domestic work and often excludes domestic workers from access to rights and protections that are enjoyed by other categories of workers. Domestic workers often lack access to rights , to justice and to protection both as women and as migrants, creating an environment that often leads to serious human rights abuse.

7 The situation of migrant domestic workers in an irregular situation is even more vulnerable. They are disproportionately subjected to human rights abuse, violations which often occur inside homes, where those responsible are able to operate with impunity and where victims are unseen and unprotected. The pattern of human rights abuses is similar all over the world. Migrant domestic work-ers in an irregular situation face exploitative working conditions and discrimination, they lack access to basic economic, social and cultural rights and are exposed to sexual and gender-based violence.

8 If they live in their workplace, they can be forcibly confined, lack privacy, be deprived of food and sleep, and are often prohibited from contacting their families and friends. In some countries they are subject to invasive medical tests and can be fired if they become pregnant. Very often, domestic workers are not permitted to marry. Moreover, if they flee abuse, they may be detained for lacking documents and may be denied access to social or health services or legal remedies. At risk of xenopho-bia and violence in the community as well as in the workplace, many may be afraid to report their suffering to the police or other authorities for fear of publication sheds light on the often hidden experience of irregular migrant do-mestic workers, and challenges Governments to take appropriate protective measures.

9 It emphasizes that migrant domestic workers, regardless of whether they are male or female, children or adults, in a regular or irregular situation, are entitled to all fundamen-tal human rights , without discrimination of any kind. The publication is illustrated by the experiences of two women who have lived the abuse and uncertainty that is documented here, and I express my gratitude to Marcela and Maryfe for their courage in sharing their stories. Their names and some identifying details of their stories have been altered for their protection. Zeid Ra ad Al HusseinHigh Commissioner for human RightsVIII ILO/ K.

10 Cassidy1 Protecting and promoting the human rights of migrant domestic workers in an irregular situationIntroductionAcross the world, at least million people are domestic workers1. Although these women, men and children carry out a wide variety of essential tasks cleaning, ironing, gardening, cooking, driving, caring for children and older persons in private households what they do is not always considered work . Migrants make up a substantial propor-tion of all domestic workers, including mi-1 This estimate is deliberately conservative. The true number is likely to be close to 100 million.


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