these categories remain fluid and overlapping, and that therefore it is sometimesdifficult to drawcleardistinctions between the various categories. Thus, the scope of this general recommendationis limited to addressing the situations of the following categories of migrant womenwho,as workers,are in low-paid jobs, may beat high risk of abuse and discrimination and who mayneveracquireeligibility for permanentstay orcitizenship, unlike professional migrant workersin the country of employment. As such, in manycases, they may not enjoy the protection of the law of the countries concerned,ateither de jure or de facto levels. These categories of migrant womenare:* (a) Women migrant workers who migrate independently; (b) Women migrantworkers whojoin their spousesor other membersoftheir families who are also workers; (c) Undocumented’ women migrant workers who mayfall into any of the above categories. The Committee, however, emphasizesthatall categories of women migrantsfall within the scope ofthe obligations of States parties to the Convention and mustbe protected against all forms ofdiscrimination by the Convention. 5. Although both men and women migrate, migration is not a gender-neutral phenomenon. The position of female migrantsis different from that of male migrants in terms of legal migration channels, the sectors into which they migrate, the forms of abuse they suffer and the consequencesthereof. To understand the specific ways in which womenare impacted, female migration should be studied from the perspective of gender inequality, traditional female roles, a gendered labour market, the universal prevalence of gender-based violence andthe worldwide feminization of poverty and labour migration. The integration of a gender perspectiveis, therefore, essential to the analysis of the position of female migrants and the developmentofpolicies to counterdiscrimination exploitation and abuse. Pavey)Maia lelata| (reels human rights and gender 6. All women migrant workers are entitled to the protection of their humanrights, which includetherighttolife, the right to personalliberty andsecurity, the right notto be tortured,the right to be free of degrading and inhumanetreatment,the right to be free from discrimination on the equality basis ofsex,race, ethnicity, cultural particularities, nationality, language, religion or other status,the right to be free from poverty, the right to an adequate standardofliving, the right to equality before the law and theright to benefit from the due processesof the law. Theserights are provided for in the Universal Declaration of HumanRights and the many humanrights treaties ratified or acceded to by States Members of the United Nations. 7. Womenmigrantworkers are also entitled to protection from discrimination on the basis of the Convention, which requires States parties to take all appropriate measures withoutdelay to eliminateall forms of discrimination against womenandto ensurethatthey will be able to exercise and enjoy de jure and defacto rights on an equalbasis with meninallfields. Factors influencing olaM Mittteecole) 8. Women currently make up about one half of the world's migrant population. Various factors, such as globalization, the wish to seek new opportunities, poverty, gendered cultural practices and gender- based violence in countries of origin, natural disasters or wars and internal military conflicts determine women's migration. These factors also include the 4 This general recommendation deals only with the work-relatedsituation of women migrants. While it is a reality that in someinstances women migrant workers may becomevictimsoftrafficking due to various degreesof vulnerability they face, this general recommendationwill not addressthecircumstancesrelating to trafficking. The phenomenon oftrafficking is complex and needs morefocused attention. The Committee is of the opinion that this phenomenoncan be more comprehensively addressed througharticle 6 of the Convention which places anobligation onStates parties “to take all appropriate measures,includinglegislation, to suppressall forms oftraffic in women and exploitation ofprostitution of women". The Committee emphasizes however, that many elementsofthe present general recommendationare also relevantin situations where womenmigrants havebeen victimsoftrafficking 5 Undocumented workers are those migrant workers whoare without a valid residence or work permit. There are manycircumstancesunder whichthis could have happened. For example, they may have been givenfalse papers by unscrupulousagents or they mayhaveentered the country with a valid work permit, but may have subsequently lost it because the employer may havearbitrarily terminated their services, or become undocumented because employers may have confiscated their passports. Sometimes workers may have extended their stayafter the expiry of the work permit or entered the country withoutvalid papers. 16