E/CN.4/2004/76
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abuses and violations experienced by migrants performing domestic work. She has also
considered it fitting, on the basis of her experience and the information received, to focus
principally on the situation of female domestic workers.
12.
“Domestic worker” (also “household worker” or “domestic help”) means a person
employed part-time or full-time in a household or private residence, in any of the following
duties: cook, servant, waiter or waitress, butler, nurse, childminder, carer for elderly or disabled
persons, personal servant, barman or barmaid, chauffeur, porter, gardener, washerman or
washerwoman, guard.
13.
According to the ILO definition,2 the work of domestic staff includes: sweeping or
vacuuming; cleaning or washing and waxing floors, doors, windows, furniture and various
objects; washing, ironing and mending bed and table linen and other household linen for
personal use; washing dishes; preparing, cooking and serving meals and drinks; buying food and
various articles for domestic use; performing related tasks; supervising other workers. The
majority of migrant domestic workers live in their employer’s house and only a minority work
independently in more than one household. This report is devoted to analysing the situation of
migrant domestic workers living in their employer’s house, because of their particular
vulnerability and the increasing number of female migrants in this situation.
14.
The Special Rapporteur observes that there is an increasingly pronounced need for
domestic help in developed countries owing to demographic and social factors. Native citizens
often refuse to do this type of work. In some wealthy countries the demand for migrant domestic
workers has grown considerably in recent years, in proportion to economic development.3
During her visits to Spain and Canada, the Special Rapporteur observed that such workers were
present in large numbers, and were in increasing demand. Similarly, in her visits to Ecuador,
Mexico, the Philippines and Morocco, she received information about the growing numbers of
women who emigrate to Europe, the United States, Japan, the Gulf States, Jordan, Lebanon,
Chile, Costa Rica and other countries to work as domestic servants. The profiles of these
workers are very different; many have husbands and children, while others are very young and
see this type of work as the only decent employment option. Some are highly educated, others
have a basic education, others still are illiterate. Common to all is the desire and hope to find a
decent means of improving their own and their families’ living conditions.
15.
The Special Rapporteur notes that one of the principal obstacles to detailed analysis and
more effective protection of the rights of migrant domestic workers is the difficulty of
quantifying the phenomenon. The under-registration of such workers is due to various factors.
The first and most obvious is the illegal immigrant status of many migrant domestic workers.
Furthermore, many of the countries of origin of major migratory flows do not keep a register of
their nationals employed abroad as domestic workers,4 while in the countries of destination the
law does not always require people applying for work permits to specify the occupation or
economic activity in which they will be employed.5 Even in labour agreements domestic
workers are sometimes simply included in the category of “temporary workers”. For temporary
jobs in some specific occupations, such as domestic work, the legislation of some countries does
not require a work permit. All these factors make it difficult to quantify the numbers of
foreigners working in the sector.