rights of migrants who are documented or in a regular situation5, this general comment
shall refer to all migrant domestic workers, unless expressly indicated.
5. The terms “domestic work” or “domestic worker” have not yet been defined in any
international instruments. However, drawing on common elements found in definitions set
out in national legislation6, the Committee notes that the term “domestic worker” generally
refers to a person who performs work within an employment relationship in or for other
people’s private homes, whether or not residing in the household.
6. The Committee considers that migrant domestic workers are included in the term
“migrant worker” as defined in article 2, paragraph 2, of the Convention and that any
distinction made to exclude migrant domestic workers from protection would constitute a
prima facie violation of the Convention.
7. Whereas many of the human rights issues and concerns identified in this general
comment are relevant to all domestic workers, several issues and concerns are specific to the
situation of domestic workers who are migrants. Generally, migrant domestic workers are
at heightened risk of certain forms of exploitation and abuse. At the heart of their
vulnerability is isolation and dependence, which can include the following elements: the
isolation of life in a foreign land and often in a foreign language, far away from family; lack
of basic support systems and unfamiliarity with the culture and national labour and
migration laws; and dependence on the job and employer because of migration-related
debt, legal status, practices of employers restricting their freedom to leave the workplace,
the simple fact that the migrants’ workplace may also be their only shelter and the reliance
of family members back home on remittances sent back from the domestic work. Women
migrant domestic workers face additional risks related to their gender, including genderbased violence. These risks and vulnerabilities are further aggravated for migrant domestic
workers who are non-documented or in an irregular situation, not least because they often
risk deportation if they contact State authorities to seek protection from an abusive
employer.
A. Problems faced
by migrant
domestic workers
and members of
their families
8. The vulnerability of migrant domestic workers does not begin and end in the workplace.
Migrant domestic workers face risk throughout the migration cycle with a number of
factors exposing them to violations of their human rights including those protected under
the Convention.
Recruitment,
pre-departure and
in countries of
transit
9. In many countries, recruitment agencies, labour brokers, and other intermediaries
charge exorbitant fees to migrant domestic workers and do not provide accurate information,
meaningful preparation for migrants before travel, or written contracts. In particular,
migrants are often not provided with information on their rights and on avenues for
reporting abuse. Some prospective migrant domestic workers are deceived by illegal
recruitment agents and lured into paying for fraudulent visas or other documentation and
non-existent jobs.
10. While transiting through foreign countries, women and girls are particularly at risk of
being subjected to physical and sexual abuse by agents and intermediaries.
At arrival and
during employment
11. Upon arrival the migrants are often left stranded with high levels of debt from their
migration and without legal papers and employment, rendering them vulnerable to abuse
and exploitation. Even where contracts had been signed pre-departure, many migrant
domestic workers are compelled to sign new contracts upon arrival, nearly always for less
pay and often for different work conditions of employment and abode than had been agreed
5
6
Convention, Part IV.
See ILO (2009), “Decent Work for Domestic Workers”, report IV(1), International Conference, 99th session
2010; José Maria Ramirez-Machado, Domestic Work, Conditions of Work and Employment: A Legal Perspective,
ILO (2003).
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