A/HRC/26/35
domestic workers have a written contract, in a language they can understand, stating
their specific duties, working hours, remuneration, days of rest, and other conditions
of work. Model contracts should be adopted for this purpose. Persons who abuse
domestic workers should be prevented from hiring more domestic workers in the
future. Labour inspections should be undertaken also in employers’ households, and
regular meetings should take place between domestic workers and a labour inspector
outside the household, in order to combat abuse. Ensure that migrant domestic
workers have access to complaint mechanisms and legal assistance.
94.
Repeal sex-specific bans and discriminatory restrictions on women’s migration
on the basis of age, marital status, pregnancy or maternity status. Prohibit by law
mandatory pregnancy testing and deportation of women migrants who are pregnant.
Take all the necessary measures to combat gender-based violence.
95.
Continue to work towards the elimination of child labour for migrant children.
Enhance government oversight in industries where there are large numbers of
migrant child labourers working in hazardous conditions, such as in domestic work
and agriculture. Ensure that labour inspectors are trained and knowledgeable about
child labour. Ensure that migrant children have access to education on the basis of
equal treatment with nationals. Ensure that children of migrants are registered upon
birth, regardless of the migration status of the parents.
96.
Combat abuse against irregular migrants, and implement sanctions against
employers who exploit them. Countries of destination should establish regular
migration channels based on the demand and recognized labour needs. They should
consider regularization processes in order to avoid, or resolve, situations in which
migrants are in, or at risk at becoming, in an irregular situation. They should also
refrain from systematic detention of irregular migrants, and rather rely on noncustodial alternative measures, in line with the Report of the Special Rapporteur on
the human rights of migrants of 2 April 2012 (A/HRC/20/24).
97.
Monitor employment practices in sectors often dominated by migrant workers,
such as the textile industry, construction, agriculture, hospitality, care-giving and
domestic work, in order to ensure that migrant workers enjoy conditions of work
equal to those of nationals.
98.
Countries of origin should provide prospective migrants with information on
regular migration channels, on the risks associated with irregular migration and on
recourses available to them in case of abuse and exploitation.
3.
Access to an effective remedy for human rights violations
99.
Ensure that all migrant victims of abuse and exploitation have access to
effective remedies, including the possibility of pursuing compensation claims,
regardless of their residence status, without fear of retribution. Migrants should be
provided with easy access to effective mechanisms for bringing complaints about
violations of their rights, including a free phone number they can call to report cases
in their own language. National human rights institutions have an important role to
play in this respect, and consulates and embassies should also assist their nationals.
Complaint mechanisms should be streamlined so that migrants can register their
complaints with one Government office. All complaints should be promptly
investigated, regardless of the residence status of the migrant.
100. Ensure that migrants, including those in an irregular situation, can access
human rights institutions, courts and tribunals, without fear of being deported. Legal
aid and interpreters should be provided as required. Courts should effectively apply
the international human rights law and international labour law in providing
20