59. States parties should eliminate discriminatory policies and practices that deny or
restrict the rights of children of migrant domestic workers, notably their right to health and
education (articles 28 and 30).
Gender perspective
60. As noted by the Committee on the Elimination of All Forms of Discrimination against
Women, the position of female migrants is different from that of male migrants with regard
to, inter alia, the migration channels used, the sectors of the labour market where they are
employed, the forms of abuse they suffer and the consequences and impact thereof.10
Recognizing that most domestic workers are women and girls and taking into consideration
traditional roles, the gendered labour market, the universal prevalence of gender-based
violence and the worldwide feminization of poverty and labour migration, States should
incorporate a gender perspective in efforts to understand their specific problems and
develop remedies to the gender-based discrimination that they face throughout the
migration process.
61. States parties should repeal sex-specific bans and discriminatory restrictions on
women’s migration on the basis of age, marital status, pregnancy or maternity status (articles
1 and 7), including restrictions that require women to get permission from their spouse or
male guardian to obtain a passport or to travel (article 8) or bans on women migrant
domestic workers marrying nationals or permanent residents (article 14), or securing
independent housing. States parties should also repeal discriminatory laws, regulations and
practices related to HIV, including those which result in the loss of work visas based on HIV
status, and ensure that medical testing of migrant domestic workers, including tests for
pregnancy or HIV, is only done voluntarily and subject to informed consent.
Embassies and
consulates
62. While the States of employment have the primary responsibility to protect the rights of
migrant domestic workers, embassies and consulates of States of origin should play an
active role in protecting the rights of their nationals employed as migrant domestic workers.
In particular, embassies and consulates of countries of origin that are present in countries
where migrant domestic workers are employed are encouraged, in coordination with the
authorities in the countries of employment, to:
(a) Ensure adequately trained staff and mechanisms (including telephone hotlines)
to receive and address complaints made by migrant domestic workers, including through
the provision of legal aid;
(b) Provide counselling and facilitate appropriate shelter for migrant domestic
workers, especially women and children, fleeing from abusive employment circumstances;
(c) Expedite the processing of temporary travel documents and return tickets to
avoid migrant domestic workers in distress being trapped in shelters for lengthy periods of
time;
(d) Receive, record and report information that can be useful to migrant domestic
workers in the country of employment as well as to prospective migrant workers back home
regarding:
(i)
Actual country and employment conditions;
(ii) The experience of migrant domestic workers, including travel and arrival,
migration-related fees and debt, the effects on family, workplace conflicts, issues
of rights and access to justice.
63. Embassies and consulates of countries of origin are encouraged to cooperate with each
other to identify abusive recruitment agencies and to promote appropriate protection
policies for migrant domestic workers.
10
Committee on the Elimination of Discrimination against Women, general recommendation No. 26
(2008) on women migrant workers, para. 5.
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