courts and other justice mechanisms without fear of being deported as a consequence, and
that migrant domestic workers should have access to temporary shelter when needed due
to the abusive circumstances of their employment. States parties are encouraged to consider
time-bound or expedited legal proceedings to address complaints by migrant domestic
workers. Moreover, States parties are encouraged to enter into bilateral agreements in order
to ensure that migrants who return to their country of origin may have access to justice in
the country of employment, including to complain about abuse and to claim unpaid wages
and benefits.
Access to regular
migration status
51. With a view to preventing irregular migration as well as smuggling and human
trafficking, States parties should ensure that migrant domestic workers have access to
regular channels for migration based on actual demand (article 68).
52. States parties should take appropriate measures to address the extreme vulnerability of
undocumented migrant domestic workers, especially women and children. In particular,
States parties should consider policies, including regularization programmes, to avoid or
resolve situations in which migrant domestic workers are undocumented or are at risk of
falling into irregular status (article 69).
53. States parties should avoid making the immigration status of migrant domestic workers
conditional on the sponsorship or guardianship of a specific employer, since any such
arrangement may unduly restrict the liberty of movement of migrant domestic workers
(article 39) and increases their vulnerability to exploitation and abuse, including in
conditions of forced labour or servitude (article 11).
Respect for family
unity
54. States parties shall take appropriate measures to protect the unity of the families of
migrant domestic workers in a regular situation (article 44, paragraph 1). In particular,
migrant domestic workers should have reasonable opportunities for family contact and
family-related mobility, including opportunities to communicate with family left behind,
travel to participate in essential family matters such as funerals, and, especially in the case
of long-term migrants, to visit spouses and children in other countries. States parties should
ensure that children separated from one or both parents are allowed to maintain direct
contact with both parents on a regular basis.
55. Moreover, States parties should take appropriate measures with regard to migrant
domestic workers in a regular situation to facilitate their reunification with their spouses
and children (article 44, paragraph 2). In the event of the death of or divorce from a migrant
worker with a regular status, States parties should favourably consider granting independent
residence status to family members of that migrant worker (article 50).
Special protections
for children
56. In line with the Convention on the Rights of the Child and relevant International
Labour Organization (ILO) instruments, States should ensure that migrant children do not
perform any type of domestic work which is likely to be hazardous or harmful to their
health or physical, mental, spiritual, moral or social development. States shall refrain from
adopting policies aimed at recruiting domestic migrant children.
57. States parties shall ensure that all migrant children, independently of their migration
status, have access to free and compulsory primary education as well as to secondary
education on the basis of equality of treatment with nationals of the State concerned (article
30), and that the domestic work carried out by children does not interfere with their
education. Schools should not be required to report data on the regular or irregular status
of pupils to immigration authorities.
58. Children of migrant domestic workers shall be registered soon after birth, independently
of the migration status of their parents, and be provided with birth certificates and other
identity documents States should take all appropriate measures to ensure that children are
not deprived of a nationality. (article 29)
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