Sex-and-gender-based
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women
exacerbation of sex-specific divisions of labour in the formal and
informal manufacturing and service sectorsin countries of destination,
as well as a male-centredculture of entertainment, the latter creating a
demand for womenasentertainers. A significant increase in the number
of women migrating alone as wage earners has been widely noted as
part ofthis trend.
9. Becauseviolations of the humanrights of women migrant workers occur in countries of
origin, countries of transit and countries of destination, this general recommendationwill
addressall three situationsin ordertofacilitate the use of the Convention,furtherthe rights of
women migrant workers and advance substantive equality of women and meninall spheres
oftheir lives.It is also recalled that migration is an inherently global phenomenon, requiring
cooperation amongStates in multilateral, bilateral and regionallevels.
In countries oforigin before departure®
10. Even before they leave home, women migrant workers face myriad human rights
concerns,including complete bansorrestrictions on women's out-migration based on sex
or sex combinedwith age, marital status, pregnancy or maternity status, occupation-specific
restrictions or requirements that women musthave written permission from male relatives
to obtain a passport to travel or migrate. Women are sometimes detained by recruiting
agents for training in preparation for departure, during which time they may be subject to
financial, physical, sexual or psychological abuse. Women mayalso suffer the consequences
of restricted access to education, training and reliable information on migration, which may
lead to increased vulnerability in relation to employers. Exploitative fees may be charged by
employment agents, which sometimes cause women, who generally have fewer assets than
men,to suffer greaterfinancial hardships and make them more dependent, for example,if they
need to borrow from family, friends, or moneylendersat usurious rates.
In countries of origin upon return
11. Women migrant workers may face sex- and gender-based discrimination, including
compulsory HIV and AIDS testing for women returnees, moral “rehabilitation” for young
womenreturneesand increased personal and social costs compared to men, without adequate
gender-responsiveservices. For example, men mayreturn to a stable familysituation, whereas
women mayfind disintegration of the family upon their return, with their absence from home
regardedas the cause of such disintegration. There may also be a lack of protection against
reprisals from exploitative recruiting agents.
In countries oftransit
12. Women migrant workers may face a variety of human rights concerns whentransiting
through foreign countries. Whentravelling with an agent or escort, women migrants may
be abandonedif the agent encounters problemsin transit or upon arrival in the country of
destination. Womenare also vulnerable to sexual and physical abuse by agents and escorts
whentravelling in countries oftransit.
In countries ofdestination
13. Oncetheyreach their destinations, women migrant workers may encountermultiple forms
of de jure and de facto discrimination. There are countries whose Governments sometimes
imposerestrictions or bans on women's employment in particular sectors. Whatever the
situation, women migrant workers face additional hazards compared to men because of
gender-insensitive environments that do notallow mobility for women, and that give them
little access to relevant information about their rights and entitlements. Gendered notions
of appropriate work for womenresult in job opportunities that reflect familial and service
functions ascribed to women orthat are in the informal sector. Under such circumstances,
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Paragraphs 10 and 11 describe some of the sex- and gender-related human rights concerns that women
experience in their countries oforigin, both before departure and upon return. Concernsrelated to transit and life
abroad are discussedin paragraphs 12 to 22. These sectionsareillustrative and are not meant to be exhaustive.
It should be noted that certain human rights concerns described here may render a woman's decision to migrate
involuntarily underrelevantinternationallaw; in such cases, reference should be madeto those norms.
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