(a) Training, monitoring and supervision of Governmentagents: States parties should ensure
that their border police and immigration officials are adequately trained, supervised and
monitored for gender-sensitivity and non-discriminatory practices when dealing with
womenmigrants(article 2 (d));
(b)
Protection against violations of migrant women workers’ rights that take place under
their jurisdiction: States parties should take active measures to prevent, prosecute and
punishall migration-related human rights violations that occur undertheir jurisdiction,
whetherperpetratedby public authorities or private actors. States parties should provide
or facilitate services and assistance in situations where womentravelling with an agent
or escort have been abandoned, makeall attempts to trace perpetrators and take legal
action against them (articles 2 (c) and(e));
Responsibilities specific
Pocotos
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(a)
26. States parties in countries where migrant women work should take
all appropriate measures to ensure non-discrimination and the equal
tights of women migrant workers, including in their own communities.
Measures that may be required include, but are not limited to, the
following:
Lifting of discriminatory bansorrestrictions on immigration: States parties should repeal
outright bans and discriminatory restrictions on women's immigration. They should
ensurethattheir visa schemes donotindirectly discriminate against womenbyrestricting
permission to women migrant workers to be employedin certain job categories where
men predominate, or by excluding certain female-dominated occupations from visa
schemes.Further, they shouldlift bans that prohibit women migrant workers from getting
married to nationals or permanentresidents, becoming pregnantor securing independent
housing(article 2 (f));
(b)
Legal protection for the rights of women migrantworkers:States parties should ensure that
constitutional and civil law and labour codes provide to women migrant workers the same
rights and protection that are extendedto all workers in the country, including the right
to organize and freely associate. They should ensure that contracts for women migrant
workers arelegally valid. In particular, they should ensure that occupations dominated by
women migrant workers, such as domestic work and someformsof entertainment, are
protected by labour laws,including wage and hourregulations, health and safety codes
and holiday and vacation leave regulations. The laws should include mechanisms for
monitoring workplace conditions of migrant women, especially in the kinds of jobs where
they dominate(articles 2 (a), (f) and 11);
Accessto remedies: States parties should ensure that women migrant workers have the
ability to access remedies whentheir rights are violated. Specific measuresinclude, but
are notlimitedto, the following(articles 2 (c),(f) and 3):
(i) Promulgate and enforce laws and regulations that include adequate legal remedies
and complaints mechanisms,and putin place easily accessible dispute resolution
mechanisms, protecting both documented and undocumented women migrant
workersfrom discrimination or sex-based exploitation and abuse;
(ii) Repeal or amend laws that prevent women migrant workers from using the courts
and other systems of redress. These include laws on loss of work permit, which
results in loss of earnings and possible deportation by immigration authorities when
a workerfiles a complaint of exploitation or abuse and while pending investigation.
States parties should introduceflexibility into the process of changing employers or
sponsors without deportation in cases where workers complain of abuse;
(iii) Ensure that women migrant workers have access to legal assistance and to the
courts and regulatory systems charged with enforcing labour and employment laws,
including throughfree legal aid;
(iv) Provide temporary shelters for women migrant workers who wish to leave abusive
employers, husbandsorotherrelatives and provide facilities for safe accommodation
duringtrial;
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