inspection services to carry out such monitoring and to receive, investigate and address
complaints of alleged violations.
Social security and
health services
42. States parties should ensure that migrant domestic workers are granted access to social
security benefits on the basis of equal treatment with nationals (article 27).
43. States should ensure effective access of all migrant domestic workers to any medical
care urgently required to avoid irreparable harm to their health (article 28). Particular
attention should be given to women migrant domestic workers with irregular status, who
are especially vulnerable during pregnancy, as they are often afraid to contact public health
services out of fear of deportation. States should not require public health institutions
providing care to report data on the regular or irregular status of a patient to immigration
authorities.
44. States should ensure that migrant domestic workers in a documented or regular
situation enjoy equal treatment with nationals in relation to social and health services
(article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under
other core international human rights treaties, notably the International Covenant on
Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all
persons within their jurisdiction, irrespective of their immigration status, the highest
attainable standard of physical and mental health and medical care, services and attention
in the event of sickness.9
Right to organize
for collective
bargaining
and protection
45. The right to organize and to engage in collective bargaining is essential for migrant
domestic workers to express their needs and defend their rights, in particular through trade
unions (articles 26 and 40) and labour organizations.
46. The laws of States parties, particularly countries of employment of migrant domestic
workers, should recognize the right of the latter to form and join organizations, regardless
of migration status (article 26) and self-organization should be encouraged.
47. States parties are encouraged to provide migrant domestic workers with information
about relevant associations that can provide assistance in the country/city of origin and
employment.
Freedom of religion
or belief and
freedom
of expression
48. States parties should take effective measures to ensure that migrant domestic workers
are free to practise the religion or belief of their choice, as well as their freedom of expression,
individually or in community with others, in public and in private, in accordance with
articles 12 and 13 of the Convention and other international human rights standards
(articles 12 and 13).
Access to justice
and remedies
49. States of employment should ensure that all migrant domestic workers have access to
mechanisms for bringing complaints about violations of their rights (articles 18, paragraph
1, and 83). States parties should ensure that such complaints are investigated in an
appropriate manner and within a reasonable period of time and that cases of violations are
appropriately sanctioned. To facilitate access to redress mechanisms, States parties could for
example designate a domestic workers’ Ombudsperson. States parties should also ensure
that migrant domestic workers can obtain legal redress and remedies for violations of their
rights by employers who enjoy diplomatic immunity under the Vienna Convention on
Diplomatic Relations.
50. In order to ensure effective access to justice and remedies for all migrant domestic
workers, the Committee considers that migrant domestic workers should be able to access
9
See International Covenant on Economic, Social and Cultural Rights, art. 12. As the Committee on Economic,
Social and Cultural Rights underlines in its general comment No. 20 (2009) on non-discrimination in economic,
social and cultural rights, “The Covenant rights apply to everyone including non-nationals, such as refugees,
asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal
status and documentation” (para. 30). See also Committee on the Elimination of All Forms of Racial Discrimination,
general recommendation No. 30 (2004) on discrimination against non citizens.
54